Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 03 March 2015), January 1772 (17720109).

Old Bailey Proceedings, 9th January 1772.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX; HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 9th, Friday the 10th, Saturday the 11th, Monday the 13th, Tuesday the 14th, and Wednesday the 15th of JANUARY 1772.

In the Twelfth Year of His MAJESTY's Reign, Being the Second SESSION in the MAYORALTY of The Right Honourable William Nash , Esq. LORD-MAYOR of the CITY of LONDON.

NUMBER II. PART I.

LONDON:

Sold by S. BLADON, at No. 28, in Pater-noster-Row.

[PRICE SIX-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable WILLIAM NASH , Esquire, Lord Mayor of the City of London; the Honourable Sir THOMAS PARKER , Knt. * Lord Chief Baron of his Majesty's Court of Exchequer; the Honourable EDWARD WILLES , Esq. + one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir WILLIAM BLACKSTONE , Knt. || one of the Justices of his Majesty's Court of Common Pleas; JAMES EYRE , Esq. Recorder ++; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol Delivery of Newgate, for the said City and County of Middlesex.

N. B. The *, +, ||, ++ refer to the Judges before whom the Prisoners were tried.

Hugh Randall . As I was going along Cheapside on the 14th of December, about twelve at noon, I felt something at my pocket; I turned round and caught the prisoner with his hand in my pocket, drawing out my handkerchief. I took hold of him by the collar, then he dropt the handkerchief, and I picked it up; I took him before my Lord-mayor who committed him. (The handkerchief produced and deposed to by the prosecutor.)

Prisoner's Defence.

Another boy took the handkerchief out and put it into my hand, I dropt it directly. I am a sailor . I have been a year in a collier, at 12 s. a month. I have not been ashore but a week.

Guilty . T .

109, 110, 111. (M.) JOHN BURKS , WILLIAM PARKER , and ANN, the wife of Maxamillian MILLER , were indicted, the two first for breaking and entering the dwelling-house of John Pilkington , on the 15th of December , about the hour of twelve in the night, and stealing one woollen cloth coat, value 20 s. one woollen cloth waistcoat, value 10 s. twenty-two linen shirts, value 15 l. fifteen neckcloths, value 30 s. one pair of silver shoe buckles, value 8 s. five silver castor tops, value 20 s. and one silver bowl of a punch-ladle, value 2 s. the property of the said John Pilkington , in his dwelling-house ; and Ann Miller for receiving the said goods, well knowing them to have been stolen . +

There being no evidence to bring the charge home to the prisoners but that of Collins, an accomplice, they were all three acquitted .

112. (M.) WILLIAM PARKER (a second time) GEORGE RIMER , and ANN, the wife of Maxamillian MILLER (a second time) were indicted, the two first for breaking and entering the dwelling-house of John Bunce , on the 2d of December , about the hour of five in the night, and stealing eighteen pair of worsted stockings, value 18 s. the property of the said John, in his dwelling house , and Ann Miller for receiving the said goods, well knowing them to have been stolen . +

There was the same defect in evidence in this trial as the last.

All three acquitted .

(M.) WILLIAM PARKER (a third time) GEORGE RYMER (a second time) and ANN the wife of Maxamillian MILLER (a third time) were indicted, the two first for breaking and entering the dwelling house of Robert Jenkins , on the 3d of December, about the hour of four in the night, and stealing one piece of linen cloth, containing twenty yards, value 30 s and one woollen cloth cloak, value 5 s. the property of the said Robert, in his dwelling house , and Ann Miller , for receiving the said goods, well knowing them to have been stolen . +

There was the same defect of evidence.

All acquitted .

See Maxamilian Miller, tried last Sessions for returning from transportation, No. 102.

113. (M.) WILLIAM PARKER (a fourth time) and JAMES HOBBS , were indicted for that they, on the king's highway, on James Hasson , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one watch in a shagreen case, value 40 s. and two guineas and six shillings in money numbered , the property of the said James Hasson , Dec. 12 . ||

Both acquitted .

See Hobbs, tried No. 775, in the last Mayoralty.

114 (M.) WILLIAM PARKER (a fifth time) and JOHN BURN , were indicted for breaking and entering the dwelling house of Sarah Watson , spinster , on the 23d of December , about the hour of three in the night, and stealing a walnut-tree cabinet, value 2 s. one tortoishel snuff-box, mounted in gold, value 20 s. one other snuff-box of cornelian stone, mounted in gold, val. 20 s. one silver medal, val. 2 s. nine crown pieces, eight silver groats, three silver threepences and 16 d. in money numbered, the property of Mary Harwood , spinster , in the dwelling house of the said Sarah Watson . +

Sarah Watson . I live in China-row, Chelsea . My house was broke open on the Saturday night, or Sunday morning, before Christmas-day; the parlour window was forced open and the bolt taken off, and the shutter was also taken off; there was a hole cut in the glass affording room enough for a hand to go in. The sash was found in the morning thrown up to the top. I went to bed about ten over night; the people, by finding the cabinet and papers in the road, came to seek whose house had been broke open. The cabinet belonged to Mary Harwood ; it contained the things mentioned in the indictment [repeating most of them.] The cabinet was locked; the door of the parlour was locked that leads to the passage; there was no appearance of their having been in any other part of the house; they broke open a closet in the parlour.

Susanna Upton . I am servant to Mrs. Watson; I fastened the parlour window on the 22d of December. I put too the shutter and screwed the sash about dusk, and the window was fast; I saw it a few minutes before I went out of the house; I don't sleep in the house. I came the next morning about half after six, and rung at the door, the window shutters were put too; the bolt was forced off, and the sash broke, and pushed up as high as it would go; the closet door stood a little open. I went about three o'clock the day before to fetch out a bible for my mistress, then the cabinet was safe. There was a bell in the window which was taken away, and laid in the sink; and the glass of the window was broke just at the screw; there were two marks of feet upon the iron rails that are before the window.

- Dean. I was at Chelsea about half after four, on the 23d of December; I found this cabinet [producing it] in the road, and a pretty many papers lying near it.

Sarah Harwood . This is my cabinet; I left it in the care of Mrs. Watson; there was my own picture, set in gold in a box, and the other things mentioned in the indictment.

Mr. Joshua Tinsdale . I am City-marshal. On Monday the 23d of last month I was in Whitechapel; between the hours of twelve and one there was a hue-and-cry of, Stop thief! and the two prisoners and Collins the evidence were taken; I took charge of them, and brought them to the Mansion house. I took them into the lodge and searched them. [The hue-and-cry was on suspicion of their having robbed Sir Robert Ladbroke .] I found upon Parker five new shillings and a six-pence. I found nothing on Burn or Collins. I suspected they might have concealed something in the coach, and therefore searched it, and under the seat I found this crown-piece, [producing it] the prisoners denied knowing any thing of it. I took them to Sir John Fielding 's.

Sarah Watson . There were some new shillings and six-pences in the cabinet, but I don't know the number.

Mary Harwood . When I left the cabinet with Mrs. Watson there were nine in a bag.

George Burke . I am a salesman, and live at the bottom of the Minories. On the 23d of December the two prisoners and Collins came to my shop between ten and eleven o'clock, to buy clothes, my son sold Burn a Bath surtout for half a guinea. I was in the shop at the time; he paid two crown pieces and a six-pence for it, but not a new six-pence. Parker afterwards bought a coat and a waistcoat, for which he paid a guinea in thirty-two new six-pences and a crown piece. Collins did not buy any thing.

Q. You are sure these three men are the same persons?

Burke. Yes.

Q. to Mrs. Harwood. What number of new six pences had you?

Harwood. I can't tell exactly. I believe about the number the last witness mentioned.

Court. Did you collect crowns of any particular reign?

Harwood. No; they had been my father's.

Court. Because these four crowns are all Charles the Second's.

Q. Is there any particular marks by which you know the money?

Harwood. No; I believe it to be mine.

Burke again. My son when he took the money said, see what a heap of new money we have got! he went to Mr. Downs's, at the next door, and shewed them to him. Mr. Downs said, I dare say it is Sir Robert Ladbroke 's money; a boy seeing this pursued the prisoners, and cried, Stop thief! and it was upon this alarm that Mr. Tinsdale took them.

William Rooke . I keep the Hope in Bow-street, Westminster. The prisoners used my house almost every day; they were at my house on Sunday night the 22d of December, and Collins with them; they came in and out several times, and they were in and out some of them till about eleven, when I shut up. They owed me a trifling score; I asked them for it; they said they expected some money belonging to them all, that was to be brought by Nancy Everet ; she always went by the name of Miller.

Q. Did they say where they were going when they left your house?

Rooke. No.

Q. Did they come to your house again in the morning?

Rooke. I don't recollect.

Q. Did Everet come that night?

Rooke. Yes; but they did not discharge their scores; they said they were disappointed of it.

Rooke. Yes; he is a sawyer; he always paid his way very well; but he kept company with them.

Q. from Burn. Did I owe you a score?

Rooke. He has done, but he did not that night. Little Burke, Rimer, Parker and Collins owed me a score.

William Collins . I was at the Hope that night. I went to-bed at eight o'clock.

Q. to Rooke. Was this Collins at your house that night till eleven o'clock?

Rooke. Some of them were there till eleven o'clock that night; I can't say whether Collins was.

Q. to Collins. Had you any conversation about going out that night?

Collins. Nothing more than common. I got up again about half after eleven o'clock. Burn and Parker came up to me as I got up; we went to several places about Westminster; then we went to Marybone, and from thence to Chelsea. There I broke open the shutters, and got into a house; it was fastened with a bolt, which was pulled off; afterwards I forced it open with two chissels; the nail was drawn out of the bolt; I broke a pane of glass, and threw a handkerchief over the bell to prevent its ringing, and took it out. Burn was at the corner of the street to watch; Parker was out at the gate three or four times. I drew out a sort of a brass-headed iron that was in the sash, and then threw the sash up. Parker went in, but he ran out again almost as soon as he got in. We took such a little desk as this out of a closet by the window; we had a tinder-box with us; I broke the cabinet open when we got into the lane, and found some crown pieces in it, either eight or nine, and some new shillings and six-pences, I can't tell how many; also a two-guinea piece, a black snuff-box, and a picture inside it like a bracelet; there was a little stone, and a large medal that seemed to be of one of the Popes. We threw the desk in the road, and the papers too. We did not divide the money regularly; I had the crown pieces in my pocket. I lent Parker one crown to buy his cloaths; Burn had two crowns of me before that; Parker had the sixpences and shillings. I put the crowns underneath the seat of the coach as we were drawn down to the Mansion-house. We changed two of the crowns coming down Holborn. I bought this coat just above Mr. Burke's shop, and paid two crowns for it.

Court. You have given an account of eight?

Collins. I am not sure whether it was eight or nine.

Q. What time of the night was this done?

Collins. It was done in the morning between three and four.

Q. from Parker. Had not I some new silver in my pocket a day or two before this happened?

Collins. Yes, and I asked him how he came by it; he said, what was that to me?

Q. Was the silver you paid away at Mr. Burke's shop part of the money that came out of the house?

Collins. Yes.

Q. Do you know what became of the snuffbox?

Collins. No; I gave it to them

Burn. I had a couple of crown pieces the night before that of my master. My master is not here now; he is gone into the country.

Parker's Def ence.

I saw this William Collins at this man's house; I was drinking with him there till about eight o'clock. I said, I will go home to bed. I went home to bed. When I got up the next morning, I saw him at the Horns again; he asked me if I would take a walk with him to Rag-fair; he said he was going to buy a great coat; we bought a great coat a-piece; I had this new silver in my pocket; I said, I will buy a coat and waistcoat. I had the silver of my brother at Chatham; he is a-board a ship there. I was loth to part with the new silver, but I had no other money. I had not money enough to buy the coat, and he lent me a crown piece.

Burn's Defence.

I was at the Hope the next morning; Collins asked me if I would take a walk along with them; I went. I said I had no money about me; Collins said, I have got some; so I went to Rag-fair with them to buy their great coats. After they had bought their great coats, they asked me if I would have one: I said I had not money about me; Collins said he would lend me half a guinea; I told him I would pay him the money when I got home; he lent me then two crowns and a sixpence.

Both guilty . Death .

115. (M.) CHARLES CLARK was indicted for breaking and entering the dwelling-house of James Hooke , on the 18th of December , about the hour of six in the night, with intent the money and effects of the said James to steal . ||

Acquitted .

116, 117. (M.) ROBERT HOLT and THOMAS TIREMAN were indicted, the first for stealing a pair of leather boots, value 2 s. and nine iron bars, value 39 s. the property of the York-buildings-water-works company ; and the other for receiving the nine iron bars, well knowing them to have been stolen , Dec. 30 . +

119. (M.) JOSEPH SMITH was indicted for breaking and entering the dwelling-house of Andrew O'Brien , on the third of December , about the hour of six in the night, and stealing two cloth coats, value 12 s. and one cloth waistcoat, value 4 s. the property of Andrew O'Brien . ||

Andrew O'Brien . I live in Porter-street, St. Ann's, Soho ; I am a hair-dresser . I was out of town on Tuesday the 3d of December, at Kensington, all day; coming to town about six in the evening, I went into my parlour; there I saw the prisoner. I asked my maid, Susanna Fowler , who that was; I saw she appeared confused. Then the prisoner said, boy flung his hat in at the window, and, said he, I have found my hat. I said, Yes, my lad, and I have found you. Then I perceived the sash of the window was flung up. I told my maid to observe the window was up, and that two coats and a waistcoat were bundled up and removed from where I left them. I searched him, but I found nothing on him. I left the cloaths in the morning for my maid to brush.

Q. You said your maid was confused; what do you attribute that to?

O'Brien. Finding the boy there, as she knew nothing of it.

Susanna Fowler . I am servant to Mr. O'Brien. My master was out on the 3d of December; I brushed the cloaths, two coats and a waistcoat, and throw'd them on a chair, where they always hung; no person was in the parlour after I put them on the chair, till my master came in.

Q. Was the sash up or down at four o'clock?

Fowler. Shut down. The prisoner was standing between the chairs, and the two coats and the waistcoat were bundled up, and lay in the chair they had hung on before. He said a boy threw his hat in at the window, and that he knocked at the door; that he could make no body hear, so came in at the window.

Prisoner's Defence.

As I was coming by the prosecutor's house, I stopt to make water: two lads came up to me; they took my hat off my head, and threw it in at the window of this house. I went and knocked at the door; I could not make any body hear; I thought it was an empty house, so I got in at the window; I had not been in a minute before that gentleman came in, and said I was a thief, and he would take me before a justice. I had been at sea, and I was going to the Marine Society to go again on board a merchantman. I used to do things for my father, who is a porter. I used to go on errands for gentlemen.

Guilty of stealing only . T .

120, 121. (M.) JOHN ROADES and JOHN PRICE were indicted for that they, on the King's highway, on William Bannister did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a hat, value 2 s. the property of the said William, Dec. 8 . ++

Both acquitted .

122, 123. (M.) JOHN RANDALL and WILLIAM WARD were indicted for that , they, on the King's highway, on Elizabeth the wife of John Tooth did make an assault, putting her in corporal fear and danger of her life, and stealing from her person two shillings in money, number'd , the property of John Tooth , Dec. 25 . ++

Elizabeth Tooth . I am the wife of John Tooth , who is a gentleman's servant . At about eight o'clock on Christmas night. I was coming across the Park from Knightsbridge ; William Salmon was along with me. As I was walking under the trees by the bason, the two prisoners came up to me, and Randall said he wanted my money; I said I had got no money; he put his hand to his pocket, and said he would shoot me if I did not give him my money; I gave him about two shillings and some halfpence; he said that was not enough; I said I had no more, and begged he would not use me ill; then they went away. Ward stopt William Salmon .

Q. Was any lamps near you?

Tooth. No.

Q. What sort of a night was it?

Tooth. A fine night.

Q. Could you see him well?

Tooth. Yes; he had his regimentals on. I believe, to the best of my knowledge, that Randall is the person that robbed me.

William Salmon . I am sixteen years old next July. I was along with Mrs. Tooth about three minutes after eight in the Park; the two prisoners came up and demanded our money; I told one of them that I had but a shilling; I gave him that. I went down Park-lane, and met the two prisoners coming out at Park-gate. Knowing them both again, I dogg'd them into the Golden-lion at Hyde-park corner; then I got my father, and secured them; I said these are the two men that robbed me and my aunt in the Park; they said they had not been in the Park for four years, for that they were deserters. I knew the regiment they belonged to by their cloaths.

Q. Was it light enough to see that?

Salmon. Yes.

Q. Was there any lamps?

Salmon. There were lamps in Park-lane; I could see by the light from them. A man came by whom they offered to stop, but he got on pretty briskly, so got off.

Q. How far was you from your aunt?

Salmon. Not a yard.

Q. Which is Ward, and which Randall?

Salmon. That is Ward, I believe, and the other Randall. (Describing them wrong.) They were searched; one had three six-pences, a shilling, and some halfpence.

Thomas Pugh . I am a horse-grenadier; I was at the taking the prisoners at Hyde-park corner; they were at the public-house before I came; they said they had not been in the Park that day, nor for four years before.

Q. How near is the Golden-lion to Hyde-park corner?

Pugh. About fifty yards.

Q. to Salmon. When you came down the lane, where did you see the prisoners?

Pugh. They were just on the outside of the gate, coming towards the Golden-lion.

Randall's Defence.

I never was nearer the Park than the Golden-lion; I had been drinking with some of my comrades in Brigg-street, which is pretty near half a mile below the Golden-lion.

Ward's Defence.

I was along with Randall; I am quite innocent; Salmon described our dress wrong.

Salmon. I said you had got a pair of white stockings, and that the other had garters on. I thought it had been so by the appearance in the dark, but it turned out to be dark-coloured stockings.

Prisoners. We had witnesses to prove that we had been at Brigg-street, and how we got the money; our serjeant was to have brought them, but he has not.

For the Prisoners.

James Lees . Both the prisoners are soldiers in the company I belong to; I never heard any thing dishonest of them.

Court. The prisoners say that you was to have brought witnesses here to prove how they came by their money, and that they had been at Brigg-street.

Lees. There were two men of good character in the company who said they were in company with them. I did not know of this trial till between twelve and one o'clock to day. One of the men was examined before Sir John; the other was there, but he was not called.

Q. When did the prisoners first mention these two people?

Lees. The very first time that I was with them.

Q. to Salmon. Do you know where Brigg-street is?

Salmon. Yes.

Court. Be cautious, and give me a true answer to this question - After you came out of Park-lane, when you first saw the prisoners, were they in the way from Brigg-street to the Golden-lion?

Salmon. They were going from the Park-gate towards the Golden-lion, and were not going from Brigg-street towards the Golden-lion.

John Castle . I lodged at Mr. Webb's in Hoxton fields . I went to bed about nine o'clock on the 10th of October. I had every thing in the indictment about me. The next morning I missed my watch, a guinea and a quarter, the key of my portmanteau, and four shillings in silver, out of my breeches that were under my head. The portmanteau was carried out into the field; out of that I lost a coat and waistcoat, four shirts, seven pair of stockings, three handkerchiefs, two silk and a linen one, three neck-cloths: There was a pair of breeches, and a new piece of nankeen left in the fields; they were in the portmanteau with the other things. The prisoner was a lodger in the house; he laid with me; he went away that morning before day-light, and has not been heard of since till last night; his absconding made me suspect him; I went down to Portsmouth after him, as I had an information that he was there; he was gone from thence, and we found him in Buckinghamshire, near Fullmore, in a born a threshing; he had my hat on his head, and these things were in the house. (Producing a waistcoat and three shirts, four pair of stockings, and a linen handkerchief.) These were part of the things I lost, I knew them by my marks; he said he took them from me, and he show'd me where he sold the watch, it was to John Hans at Staines; he said he had sold my coat at Godalmin in Surry, but he did not know the man he sold it to.

Daniel Webb . Castle lodged at my house at Hoxton when this robbery was committed; I have moved since it was done. Between four and five in the morning John Castle came to my room, and desired for God's sake I would give him a light, for Bishop had got up and robbed him of his watch, &c. I went to Portsmouth, and Fullmore, and Staines, with Castle. I saw the watch produced at Staines. The prisoner said he sold the coat at Godalmin. They lay together in one bed

John Hanas . I am a watch-maker at Staines. I bought this watch of the prisoner. (The watch deposed to by the prosecutor.)

Prisoner's Defence.

I owned it because they said they would make it up with me.

Guilty 39 s. T .

125. (M) JAMES CLARKE was indicted for stealing one china punch-bowl, value 10 s. four linen bed curtains, value 20 s. one blanket, value 9 s. and one linen sheet, value 5 s. the property of John Coles , the said goods being in a certain lodging-room let by contract by the said John to the said James , Sept. 5 . ||

Acquitted .

(M.) JAMES CLARKE was a second time indicted for stealing a linen sheet, value 4 s. the property of William Baker , the said sheet being in a certain lodging-room let by contract to the said James , Dec. 13 . ||

Mary Baker . My husband lives at Islington. We let the prisoner ready furnished lodgings about the 6th of December, and I missed the sheet off the bed on the 13th. I saw the sheet a week before when he took the room. He was stopt for another robbery, and then I went to see what was gone out of our room, and missed the sheet. He confessed having stole it, and said he pawned it at Mr. Wildman's at Islington. I went there and found it. (The sheet produced, and deposed to by the prosecutrix.)

- Wildman. I am a pawn-broker. I had this sheet from the prisoner on Saturday the 7th of December.

Prisoner's Defence.

I did not leave the lodgings; I intended to have released it.

Guilty . T .

126. (L.) JOHN DUNNETT was indicted for stealing one hand-saw, value 5 s. the property of William Betheridge , Dec. 5 . ++

William Betheridge . I am a carpenter . I lost a saw from Mr. Cornish's, Black-friars , on the 5th of December. The prisoner was taken up for another offence of the kind, and my saw was found pawned by him.

John Bannister . I live with Mr. Simons, a pawn-broker, in Knightrider-street. On the 5th of December this saw was brought to our house by the prisoner; I asked if it was his own; he said, no; he was distressed, and his father had lent it him. (The saw produced, and deposed to by the prosecutor.)

Prisoner's Defence.

I did not steal it, I found it. I am a printer . I had not time to send for my friends, or else my master, Mr. Cornish, at Black-friars, would have appeared for me.

John Horton . I live in Wood-street , and am a sewing-silk-dyer . The prisoner had been a weekly servant to me I believe more than a twelvemonth. On Friday the 6th of December, in the evening, as I was going round my dye-house to see if every thing was safe, I discovered some silk in a private place under the stairs, with a brick over it. I saw it belonged to a parcel we had in hand t day; it was not dyed, but in a state which we call took-off; the gum was taken out of it, and it was wet, ready to dye. I laid it there again, and the brick on it. The next morning I put a little lad, William Hord , in a cellar that has a view of this place, in order to see who came for the silk. Between six and seven at night Hord came out, and said he had discovered the prisoner. We called the prisoner into the house; I told him I knew where the silk was, and bid him produce it, and he took it out of his breeches.

Court. When was the gum taken out?

Horton. On Thursday.

William Hord . I was put in the cellar to take notice of every body that came, that I might detect the person who came to take the silk. My master shewed me the place where the silk was. I went into the place about nine o'clock in the morning, and staid till six or seven in the evening: then the prisoner came down with a bit of candle, went to the necessary, and after he had been there a minute or two, I saw him stoop down and take the silk from under the stairs, and put it in his breeches. He went up stairs; and then I went up, and told Mr. Pilgrim the foreman, and he told my master.

Stephen Pilgrim . I am foreman to Mr. Horton. I was present when the prisoner was examined; we challenged him with the silk; he made frivolous excuses, and said that he had no such thing. Mr. Horton indicted on his delivering it, for he knew he had it. Then he pulled it out of his breeches; there was near a pound of it.

Q. Had you any silk of that sort in hand the day before?

Pilgrim. Yes, that very silk.

Q. Are you able to swear that is the very silk you had in hand the day before?

Pilgrim. Yes. (The silk produced by the constable, Robert Rowe , and deposed to by the prosecutor.) We asked him how he came to do it; he said he had got a sum of money to make up, and was distressed.

Prisoner's Defence.

I went down into the cellar with a candle about six o'clock. As I sat on the necessary I saw the silk, and having no pocket, I put it under my apron; a piece of it might be in the waistband of my breeches. My master immediately called me, and said, I want the silk that you have about you. I was surprised, and delivered it up directly.

He called Thomas Hatchman , who had known him from his infancy: Thomas Eyrewater , who had known him all his apprenticeship; William Lewis , who had known him ever since he had been three or four years old; and Aaron Brown , who had known him some time; who all gave him a good character.

Guilty . T .

128. (M.) JOHN LEWIS was indicted for making an assault on George Mathews , on the King's highway, putting him in corporal fear and danger of his life, and stealing from his person one guinea , the property of the said George, Dec. 25 . ||

George Mathews . I keep a livery-stable in Holborn. I went with my wife to Chelsea on Christmas-day in a one-horse chaise; coming along the King's-road , we met two men on foot, one of whom is the prisoner; they walked by the end of the chaise; then the other man turned back, went to the horse's head, and the prisoner came to me, and presented a pistol. It was a very star-light night; I saw them sixty yards before they came to me; I saw the prisoner very plain; he took a guinea from me.

Q. Are you sure as to his person?

Mathews. I am very clear he is the person; they went over the bank into the fields. I went next morning to Sir John Fielding 's. They told me there were sixty or seventy men in a room over the way at the Brown-bear, and bid me go and see if I could pick the men out. I went in, and pick'd out the prisoner, and told them that was the man that had robbed me. They said that they had taken him up on my information.

Prisoner. He charged John Wallis , one of Sir John's men, with being one of the men.

Mathews. They shewed me up a long passage. This John Wallis stood with his back towards me; he had a brown coat on. I said, that looks like one of the men that robbed me, he has such a coat; but when I saw his face I said he was not one. I looked into the room; I said, I see one of the men; they bid me bring him out; I went in, and brought him out.

Prisoner's Defence.

I can prove I was at my father's that night.

For the Prisoner.

Robert Hopwood . I am a bookseller in Crown-court, St. James's. I have known him from about eleven years of age; he is now twenty-three; he was brought up under his father, a shoe-maker. He entered volunteer when they were pressing. I never heard but that he had a good character.

Joseph Whitehouse . I am a shoemaker; I live in Swallow-street. The father has work'd for me a great many years, and is a very honest man.

Q. Where does the prisoner work?

Whitehouse. He lives in Oxford-road.

Q. Who does he work for?

Whitehouse. I don't know; he always wore a blue coat.

Court to the Prosecutor. At that time of night might you not mistake a person?

Prosecutor. We went very gently; they walked by us. I thought I knew the prisoner when he passed me.

Q. Did you hear their voices?

Prosecutor. Yes, the prisoner's particularly; he demanded my money.

Q. You have heard his voice now; what do you think of it?

Prosecutor. I am very clear that he is the man.

Richard Lewis (the father). He has always behaved like an honest, dutiful child.

Q. Do you know what became of him on Christmas-day last?

Lewis. He was with me on Christmas-day at night, I believe; I did not take a particular account of the evening.

Q. You are not certain then as to the evening?

Lewis. I am most certain.

Q. Where was you?

Lewis. At home; he does not lie in the same room.

Q. Where was he that day?

Lewis. He was with me, I believe.

Q. What coat did he wear?

Lewis. He never wore any but blue since he was born; he wore a blue coat and trowsers that day.

William Bailey . I am the Bedford carrier . I lost the cloth mentioned in the indictment out of my waggon on the 26th of November, between Barnet and Whetstone . It was a truss, and came from Jones and Co. No. 11, facing the Mansion-house, directed to Richard Swinston , at Bedford. I saw it put into the waggon in London.

John William Stonehouse . I am warehouseman to Jones, Habbard and Burd. I measured the cloth, and delivered it to the porter to be pack'd up and carried; there was sixteen yards and three quarters, and seventeen yards of nap cloth, a mix'd lightish colour. There was fifteen of crimson, and fourteen and three quarters of scarlet serge. This I delivered to Paul the porter, to be carried to the White-hart, St. John's-street. I saw it afterwards at Justice Girdler's; the two pieces of nap cloth were exactly the same measure; I am certain it was the same cloth. There were two pieces cut up the middle; I put the seal of the house upon one of them. The serge was deficient, only six yards and a half one piece, and six and three quarters of the other, was remaining. It was as near that quantity as I can recollect. It was entered on the 25th, and delivered to the carrier on the 26th.

William Paul . I am porter to Jones and Co. I carried the parcel out of the house; I can't be certain whether it was delivered to me to pack. I carried it to the inn to the Bedford carrier. I saw them book it, and put it into the waggon.

John Ambridge . I drove the Bedford waggon the 26th of November. I had a truss of cloth in the waggon, directed to Richard Swinston ; it was lost out of the waggon between Whetstone and Barnet; I missed it before I got to the bottom of Barnet hill; I had seen it on the other side of Whetstone.

Q. Had you staid behind the waggon?

Ambridge. No, I never was away from the waggon all the way; there were no passengers in the waggon; I walked with the horses.

Q. Did you see any body about the waggon?

Ambridge. No.

Q. Did you see the prisoner thereabouts?

Ambridge. No; it was between six and seven o'clock at night; it was dark; we set out between two and three. There were some empty flatts that we put butter in lay at the top of the waggon; I was afraid they would shake out, so I went to look after them beyond Whetstone; then I saw the truss was safe.

Q. Was the truss pretty heavy?

Ambridge. It weighed something above half a hundred weight. A man at the bottom of Barner hill came and asked me if I had not lost something; then I missed it. He said he saw somebody go away from behind the waggon with it that he then thought belonged to the waggon.

John Dowler . I am a brass-founder, and live on Saffron-hill. I went to the Three-Pigeons in Turnmill-street for a pint of beer, on the 26th of November. The prisoner came in there, and asked me to carry a parcel up stairs to one Joseph Fuller , that was an acquaintance of his. The people of the house did not chuse to let the prisoner go up. I carried it up; it was a piece of crimson serge tied up in a silk handkerchief. When I came down again, he asked me if it was safe; I said, the man said it was. Then he bid me go up and fetch him the outside handkerchief, and bid me tell the man he wanted him. I brought down the handkerchief, and Puller came down and spoke to him. Some words arose between the prisoner and another man in the house, and they went out. When I went to get my breakfast the next morning, the landlady asked me if I knew what I had done in carrying up that bundle. I said, no. She said she believed it was stolen. They stopt the things. I delivered the serge to Mr. Laws the constable.

Henry Stocks . I keep the Three-Pigeons. The prisoner came into my house on the 26th of November, and asked for Puller. He was in liquor, so I desired they would not call Puller down. I found the piece of crimson serge under the bolster. The prisoner came for it next night, and we stopt him, and took him before Justice Girdler. He said there that he bought it of a man in Aldersgate-street.

(The serge produced.)

Stonehouse. This is the same quality and colour as that which was lost.

William Laughar . I went to Mr. Stocks's house, and brought the serge down. The prisoner was below; I asked him who owned it; he said it was his, and if any body had more right to it, let them have it. I took him into custody on Thursday the 28th. I went to him, along with one Wenmore, to Clerkenwell Bridewell. I asked him where he bought it; he said he had sent a letter to the party he bought it of, and he would be with us in an hour or two. I waited four hours, no body came; so I advertised it the next day in the Daily Advertiser. The next day the prisoner said he had it of a man in Aldersgate-street that he never saw before; I apprehend he meant that he bought it of a man in the street.

Prisoner. I cannot tell what I said then, I was in liquor: he said he would make the cloth pay for it before he left the Old Bailey.

Laughar. I did not say so; I gave him share of a pint of beer now and then, and a bit of bread and cheese, out of humanity.

Edward Prebble . I keep the White-horse, Chiswell-street, Moorfields. The prisoner and another man came into my house with two pieces of cloth, on (I think) the 27th of November, about twelve at noon; they had some in a sack, and a piece under their arms. After they had been about an hour, they asked if we could lodge him. I said he might lodge in the garret, and put the things in my bed-chamber. I thought he had brought them out of the country to sell. He went away, and I heard no more of him till Saturday, when the other man came to me, and told me, a spiteful person had put him in prison on suspicion of stealing the cloth, and asked me to let him have it. I would not. He said he was going down to be examined again, and asked me if I would go. I went, and told the justice of the other things. I saw it measured at the justice's; I think one of the two pieces was light cloth; one 17 yards and upwards, the other 16 yards, and one I believe about 12 yards of serge. I believe this to be the same.

John Pinmore . I am a constable of the parish of St. James's, Clerkenwell. I went along with the prisoner before the justice. I went first to Bridewell to the prisoner; he said the man he bought it of in Aldersgate-street would be with us in about an hour. Mr. Prebble acquainted the justice, that he had a large quantity of cloth left at his house.

(The remainder of the cloth produced.)

Stonehouse. Here is a number on this cloth. The seal and number was put on by myself. I am certain this is the cloth I sent to the waggon.

Prebble. This is the cloth that was left at my house by the prisoner.

John Stanton . I am book-keeper to the Bedford waggon. I received this parcel; it was sent by the Bedford waggon on the 26th of November.

Prisoner's Defence.

I was going down to Birmingham, and between Whetstone and Barnet I saw this lying on the road. I picked it up; another man was very close by me; I brought it up on the Causeway; found it too heavy for to pretend to carry it back to London; I took a piece out, and put the other on the side of the road. I thought, as the hay-carts came to town in the morning, that they might bring it. I did not know the colour, it being dark. I came to town to the Three Pigeons; I left a piece with a man there, a countryman of mine; I never offered to sell it. I went and gave a man a shilling to put it in his hay-cart, and carry it to Mr. Prebble's. I never advertised the thing; I did not know how to go about it; I intended to advertise it going next day to the Pigeons, thinking I had all the cloth together. They charged a constable with me. I know I was a little in liquor when I went there. I saw no waggon when I picked it up.

Q. from Jury to the waggoner . Do you think in the situation it was put, that it was possible to fall out of the waggon without its being removed?

John Ambridge . It could not possibly get out; it lay in the bed of the waggon, and the flats on it. I think they must have got into the waggon to get it out.

John Butcher . I am a butcher , and live in Oxford-market . On the 6th of January, as I was in a little room behind my shop, I heard something thump upon the board; I went out and missed a mouse buttock of beef; I went to the door and saw the prisoner a few yards off with the beef. I pursued him; he dropped it in the street. I had seen it about ten minutes before. I left the beef and followed the prisoner till I took him.

Prisoner's Defence.

I had been out of work a great while; my wife had been lame a long time; I found the piece of beef upon the ground and I picked it up.

Guilty 10 d.

He was a second time indicted for stealing a wigeon, value 1 s. 6 d. and a teal, value 1 s. the property of William Smith , Jan. 6 . ||

William Smith . I am apoulterer in Oxford-market . I lost a wigeon and a teal on the 6th of January. Mr. Butcher had taken up the prisoner for his buttock of beef; my wigeon and teal were found upon him when he was searched; the teal had the head partly tore off as it was in my shop. I had but one wigeon in my shop, a hen wigeon. I sent home and it was gone.

Prisoner's Defence.

I met a man who said he had bought them, and they both stunk, and said as I was a poor man I should be welcome to them, if I would accept of them.

William Davids . I am a writer . On Sunday night, December the 15th, I was picked up in Drury-lane, at the end of Long-acre; I was a little in liquor, and was so foolish as to go with her; she took me to Angle's; we had some liquor there; there I missed my pocketbook, and asked for it: they said they had not got it; and one went out and then the other, and I went after them into the street. I saw Angle, and asked her for my pocket-book; then I missed my watch out of my fob. I ran after Angle; she got away. The next morning a young man that lodges with me went to Sir John Fielding 's, and the watch was found on Angle, and she was committed.

Q. Did you take sufficient notice of the women to know them again?

Davids. Yes.

Q. What liquor had you?

Davids. A two-shilling bowl of negus. I changed a guinea to pay for it; and Angle put the change on the table, and afterwards when I was going to take it, Cotter played with me, and I saw no more of the change.

Q. Was there a bed in the room?

Davids. Yes; but I did not go to bed. I would have nothing to do with them.

Q. Was not your breeches waistband unbuttoned at all?

Davids. Yes; Angle unbuttoned it.

Q. Did you mention you had missed the book and watch before you went out of the room?

Davids. Yes; I missed my pocket-book in the room, but I did not miss the watch till I got out of the room.

John Noakes . On Monday morning a barber that lives in the front room of this house came and said. there was a gentleman robbed the over night in the room; I asked him which way he knew it; he said he had seen the gentleman. I went and searched the prisoner's lodging, which is the back room, and found underneath the drawers a pocket-book open and the papers all loose; the papers had all been examined. Mrs. Angle came in; I asked her where the watch was. What watch! said she. I said I have found the pocket-book, if you don't give it me I shall search you. She hesitated a long time; at last she pulled it out of her pocket. I took her into Bow-street. On examining the pocket-book I found who it belonged to, and sent a man to enquire whether this man lodged at the house that a letter was directed to him at.

(The pocket-book and watch produced and deposed to by the prosecutor.)

Angle's Defence.

This young woman and I live in a room together. The gentleman picked us both up; he went home with us; he took his watch out of his pocket and put it on the table; he said he had not got a farthing in the world but two shillings and two or three half pence. He left his watch with us for half a guinea till the next day; he took his pocket-book out to take our directions, and left it behind him.

Jonathan Thompson . I am a pensioner at Greenwich-college . On the 22d of December between five and six in the evening, I was coming from High Holborn, and two men and a boy followed me, and asked me where I was going; I said, to Greenwich; I had drank a little; after that, I said I would go to Green-bank, Wapping; the prisoner said, it is a long way, you had better ride. I said, I had no money to ride, and I knew what it was o'clock; he asked me if I had got a watch; I said yes; I took it out and he snatched it out of my hand. I do not know how he got the spectacles. I had them in my coat pocket.

Josiah Whitney . I was a going from my house on Saffron-hill down to Holborn; on this side Fetter-lane, I saw something lying in the channel; I saw it was a man, and spoke to him; and he said, drunk, very drunk! that was all he said. I said you lie in a shocking manner; I asked two young men to help him on the causeway, that he might not be exposed to the carts. As I came back at Bartler's buildings I saw the person reared up between the prisoner, another man, and a boy; one said you had better take a coach, and repeated it; the old man said, no; I will walk. I heard the old man say, you say I have no watch; I have a watch. I went away. I had not gone far before it struck in my mind, I don't know what these fellows have in view. I went back; I saw the prisoner snatch something out of his hand and run off; I ran after him, he turned round, and I took him by the collar; he lifted up his hand that had the watch in it; I got a constable, and he was taken to the Counter. I gave the watch to the constable. (The watch produced and deposed to.)

- Greenwood. I am the constable; I took the prisoner to the Counter, and searched him. I found the spectacles in his coat pocket. (The spectacles produced and deposed to.)

Prisoner's Defence.

I was going up Holborn. I found that man quite drunk; he asked me to go home with him as far as Wapping; he gave me the watch as a security for paying the coach, as I was to take him home, so I had it in my hand.

Charles Truss . I am wharfinger at the Kennet wharf, Queenhithe . On the 12th of December, about eleven in the forenoon, I saw the prisoner come out of one of the warehouses with a basket of raisins and the sack on his back. On my going to the door, he slept back a step or two, and throwed it off his back. I stopt him at the warehouse door, and asked what business he had there, and how he could have the impudence to rob us in the middle of the day. He fell on his knees, and begged for pardon. I found in the sack a basket of Malaga raisins, about 50 lb. It was one of five we had received on the 5th of December from Reading; that was missing out of the five; the constable has had it ever since. The sack lay empty in the warehouse.

Prisoner's Defence.

There was seven or eight of us went down to look for work; we went to the bottom of the wharf, and they employed about four of us. I staid to see if there would be any thing for me. I went into this warehouse, and saw this sack by the door, and something in it. I kick'd it with my foot to see if it was a jobb for me, if it was but two-pence or three-pence. The warehouse is common for any body to go in from the wind. I had no design to steal it; I never did such a thing in my life.

Guilty . T .

134. (M.) SARAH FRESHWATER was indicted for stealing a silver watch, value 3 l. one base-metal watch-chain washed with silver, value 6 d. one Cornelian seal set in silver, value 2 s. and two shillings in money, numbered, the property of William Morrison , privately from his person . Dec. 7 . ||

William Morrison . I was going along Drury-lane on the 7th of December, by the New Burying-ground , about twelve o'clock at night. The prisoner met me, and stopt me. I was a little elevated in liquor. I did not feel the woman taking the watch nor the money till she was going away; then I had the presence of mind to feel for my watch, and it was gone. Then I said hold of her.

Q. How long was you together?

Morrison. About two minutes.

Q. Did any familiarities pass?

Morrison. No: Then she denied the watch, and made several protestations, and opened her bosom for me to search her. Then the watch came up, and some people, and used me ill. When the watchman came, I gave charge of her. She was carried to the watch-house, where she was searched, but nothing was found on her. Mr. Barrett, the constable, coming by, asked what was the matter; and there was a woman in the watch-house that saw the watch hanging by her side; the seal was tuck'd under her petticoat-string behind. I lost the two shillings at the same time, I cannot say out of which pocket. I don't know what money I had; she owned to taking five shillings to the mistress of the watch-house. I can safely swear I had two shillings in my pocket; I received eight or nine that night, some of one Mr. Gold, and some of a person in Chick-lane.

Q. How long before you met the woman had you the watch?

Morrison. I am very sure I had it when I met her.

Q. Did you take it out while you conversed with her?

Morrison. No.

- Barrett. I am the officer. I saw this woman at the watch-house. I went to know what was the matter, and there was a noise about a watch and some money that was lost. Some people appeared to her character, and said he was drunk, and lost his watch, that I was almost persuaded of her innocence. A woman that was a prisoner said she certainly had the watch. I then searched her, and found it between her legs in her hand; I believe she was going to shift it. (The watch produced, and deposed to by the prosecutor.) There was no money found upon her. She could not tell what to say, she seemed confused. He was a little in liquor, he was not drunk; he had a black eye, and had been ill used. He told the number and maker's name of the watch directly; he was sober enough to know what he did.

Prisoner's Defence.

I was going down Drury-lane; this man met me, and took me down Steward's-rents, and asked me to oblige him. I asked him to make me a present; he said he would go and get change; I would not trust him, so he gave me the watch while he went to get change, and then he wanted to have it again; on my refusal, he brought three watchmen to take me to the watch-house.

John Knight . I drive the Northampton coach. The prisoner came to me at Barnet on the 29th of November, and asked me if I could bring him to London an outside passenger. He said he had beer at the next door; he asked me if I would drink; he put a bundle into the boot, and came with me to this side of Sadler's-wells; then he got down, and went himself to take his bundle out. I saw him take out the portmanteau; I said, that is not your bundle. He made no answer, but took it out, and ran away with it. It was about seven in the evening, and was very dark. I took him up between five and six o'clock; it was dark then.

Q. Could you know the man?

Knight. I saw his face when I drank with him in the house, and am positive the prisoner is the man. When he had taken out the portmanteau, he ran down the path-way into the fields. The portmanteau belonged to the Rev. Mr. De Sallis.

Q. from the Prisoner. Was there two portmanteaus, or one?

Knight. One portmanteau with a case.

Q. from the Prisoner. What clothes had I on when you took me up?

Knight. I think a light-coloured coat.

Prisoner. No. I had the same coat on as I have now. He has laid it the 29th of December; it was the 11th of December I found the portmanteau to the best of my knowledge.

Q. When did you hear of the portmanteau being found?

Knight. The day he was taken.

Richard Burrow . I am servant to the Rev. Mr. De Sallis, whose portmanteau was lost. I pack'd up the things in the portmanteau at Horton, that was Lord Hallifax's. (The goods produced.) Here are several of the things with my master's name on them; I put them up in the portmanteau myself.

John Heley . I belong to Sir John Fielding . I found the things in the prisoner's room in Whitecross-street; they were in some trunks, and the boots hung up on a nail.

Q. How do you know it was the prisoner's room?

Heley. I went there by his direction after he was taken up, on the information of the pawnbroker.

John Card . I am a pawn-broker in Leather-lane. I have known the prisoner almost two years. On the 7th of December I received a warning from Sir John, that such things had been cut off from behind the Northampton fly. I had taken in some of the things before I received the notice. I took some in on Saturday the 30th of November, and some on Monday the 2d of December, in the name of Brown; and on Wednesday the 4th, of the prisoner. (Producing a coat, waistcoat, and breeches, four pair of stockings, and four shirts, which are deposed to by Burrow.)

William Marsh . I am a pawn-broker; I live in Aldersgate-street. The prisoner pawned these things with me; on the 30th of November a pair of stockings; on the 4th of December a coat, waistcoat, and a pair of stockings, in the name of John Smith ; on the 7th of December a pair of breeches and a pair of shoes: (which were produced, and deposed to by Burrow.)

Elizabeth Burges . I am a silversmith in the Borough. On the 2d of December I bought these gold knee-buckles of the prisoner (producing them); he took them out of his breeches-knees. On the 3d of December he sold me a pair of gold shoe buckles. I gave him 3 l. 7 s. an ounce; they were not standard.

Q. How was he dressed?

Burges. Very genteel; he said he was in an office, and was afraid to wear them; he said he had not wore them above three or four times, and that he lost l. by them.

- Morgan. I am a pawn-broker in Aldersgate-street. The prisoner pawned these things with me. (Producing two shirts and one pair of stockings, deposed to by Burrow.)

Prisoner's Defence.

I found the portmanteau about ten o'clock, about the 11th of December, as I was coming home from Islington. I was in doubt what to do with them, so I thought it best to make away with them as soon as possible, because, as it was open, more might be laid to my charge than there was there.

For the Prisoner.

William Ransom . I have known the prisoner three years; I believe him to be a very sober man; I have nothing to say against his honesty.

Q. Nor for it?

Ransom. No.

William Gibbs . I am a tobacco-pipe-maker; he lived in the court where I live three years; I know no harm of him.

Henry Hasgrave . I have known the prisoner twelve months; I never heard any thing amiss of him.

Richard Burnham . I have known the prisoner three years; I never knew any harm of him.

Rebecca Welch . The prisoner lived in my house four years; he is a sober, quiet man; he paid me very honestly.

Ann Koker . I have known the prisoner three years; he is a very honest man; he has been at my house, and paid me very honestly what he had of me.

Joseph Smith . On the 13th of December I lost a candlestick. The prisoner was a servant to me formerly; since that he has lived at the Globe Tavern, Milk street. He came into my kitchen between four and five o'clock. My servants had heard he had stole a candlestick; they put another in his way. They called me, and told me he had stolen a candlestick. I saw it taken out of his pocket. (Produced and deposed to.)

Joseph Beale confirmed this evidence.

- Taylor. I saw him put the candlestick in his pocket.

Prisoner's Defence.

I came into Mr. Smith's house on the 13th of last month; I came to seek a place. I had not staid five minutes before his apprentice called me into the room. I went in. He took the candlestick out of my pocket; how it came in I do not know.

Thomas Paxton . I was going to the Minories on Saturday the 14th of December. While I was in Butcher-row, Lower East-Smithfield , I lost some remnants of cloth. I felt a hand go out of my pocket. I looked over my shoulder, and saw the prisoners and another man running across the street into a passage. I was afraid they would knock me on the head if I went after them; so I stopt, and they came out again in the main street, and said, Now we have got it, we don't know what to make of it. I took Fenley by the breast, and said, You are the man that picked my pocket. He swore a great oath, and said he would knock me down with a carman's whip; and when the mob came up, and encreased, they got away. We went after them as far as the Hermitage, where we took Fenley, and carried him into the Sun, the bottom of Nightingale-lane. I never found my things again. I am certain these are the people that robbed me. I looked over my shoulder, and saw enough of them to know them.

Q. Should you know the third person that is not taken?

Paxton. Yes; when I collared Fenley, the other was close by, and bid him knock me down.

Q. from the Prisoners. Why did not you lay hold of us before we went into the passage?

Paxton. Because I was alone, and could not encounter with three?

- Brown. I was passing by; seeing a mob, I stopped. and saw the two prisoners and another man; one had a whip. I went with the prosecutor, when they run away, to take them. When they came out of the mob, the tall man had the horse-whip. We followed them to the end of Nightingale-lane.

Q. Are you sure the men you saw at the end of Nightingale-lane, were the same as came out of the passage?

Brown. I cannot positively say: he said he could swear to all three of them. Banks came in to vindicate the other; I believe they swore pretty much, and he asked Fenley if he knew him; he said, No, d - n your eyes, I never saw you in my life before.

Banks's Defence.

I was just come from Deptford; I came through Wapping, and I went away as far as from here to Newgate, where I stopped to make water. A man came up to me, and asked what I was peeping into the window for. I said, to see what was the matter. He said, he believed I was one concerned, and I should go with him. I asked what he meant by that, and made a resistance, and I asked if he knew me. He said, No; he broke out of the watch-house; and I do not know whether this is the lad that was in the watch-house with me or no.

Fenley's Defence.

I was going to my aunt's when this man laid hold of me in Nightingale-lane. He took me to the justice. The next day he went to my mother, and asked her to give him 4 s. 6 d. for the cloth. He could not swear to me before the justice. He went to my mother again to ask her for a guinea, and said, if she would not give him a guinea, he would make the witness swear, and then he swore at the justice's that I was the person. I am used to the Sea.

Q. to Paxton. Did you offer to take 4 s. 6 d. the morning after for your cloth?

Paxton. No. On Monday night I could not see what colour his face was. The justice asked if I could swear to him. I said, no. He said he would remand him back to prison. On the Friday morning his face was clean, and as soon as I saw him, I knew he was the man.

Q. Did you offer to take a guinea, half-guinea, or any money, to make it up?

Paxton. No; they offered to give me something. I said, if they would go to Justice Sherwood, and he would discharge them on that account, he might.

John Manders . I am a butcher in White-cross-street. I was at Aldgate on the 29th of December, between five and six in the afternoon. While I was ringing the bell at a gentleman's door there, the prisoner came behind me, and I turned my head, and saw him draw the handkerchief out of my pocket. I cried, Stop thief! He run away straight up the street. I followed him about twenty yards; he fell down, and I fell upon him. I charged him with having my handkerchief; he denied it; he stript for me to search him; I did, but could not find it. When I was bringing him back, I found it at the corner of Houndsditch; he had thrown it away. (The handkerchief produced, and deposed to.)

Prisoner's Defence.

On Sunday night was week I was coming from Shoemaker-row; I saw this gentleman, he was running along. He stopt a lad, and said, you have picked my pocket; he searched the lad, but did not find it. Then he laid hold of me, and said, I believe it was you. He let me go then. About three hours afterwards he and another man took me behind a coach.

Q. to Prosecutor. Did you at first charge another man?

Prosecutor. No; I took him up. As I was carrying him to the Compter he got away.

Abraham Dyehouse . I am a dealer in coals. The prisoner has lived with me two years; he has behaved very well while with me; he used to carry out coals.

John Richards . Coming under Temple bar on the 29th of December, between six and eight at night, I felt something touch my pocket. I put my hand into my pocket, and missed my handkerchief. I pursued the prisoner through the horseway of the Bar; I saw him jump on the fishmonger's bulk; I went up to him, and secured him; he denied it; afterwards he pulled it out of his breeches himself. (The handkerchief produced, and deposed to.)

Prisoner's Defence.

I had been to a gentleman's house; I was coming home; I saw this handkerchief lay, one end of it on a shutter-place, the other on the ground; I pick'd it up, and went to a fishmonger's stall. This gentleman laid hold of me before I could say any thing. I am fourteen years old. I put it in my breeches because I had no pocket.

John Case . I am a carpenter , and live in Black-horse-alley, Fleet-street . I missed this saw out of my chest on the 1st of December. I then went to all the pawn-brokers, and left a notice that I had lost a saw. There was one stopt at a gentleman's house in Salisbury-court, Fleet-street. I suspected the prisoner. I took him up, and he owned he did it. He is a spectacle-maker in the neighbourhood.

James Tapper . My master, Mr. Wilson, is a pawn-broker in Salisbury-court. The prisoner brought this pannel saw (producing it) on Monday night the 1st of December. Mr. Case had been with me in the morning, so I stopt it. I asked him whose saw it was; he said it was his father's. He said his father was a carpenter. I told him, if it was his father's, to let him come for it. He was taken the next Saturday.

Prisoner's Defence.

Mr. Case came to my master's house. I asked him if he would lend me a saw; he said he would. I went down to his shop, and he lent me the saw. He lives in the same house with my father. I have done some jobbs for him, and he for my master. I was very short of money, and I thought to raise a shilling on it, as my master was gone out, till he came home.

He called, in his defence, Thomas Taylor , Robert Monk , and Thomas Cuff .

John Butler . I am a merchant's watchman on the kays. I saw the prisoner, on the 12th of December, go to a frail of plumbs several times, and take out the plumbs. I went to him, and took hold of him. He begged me to let him go. The frail was almost empty. The frail held about half a hundred weight.

Q. Does the prisoner work on the kays?

Butler. No, he is nothing but a plunderer on the kays. I had spoke to him to go away several times.

Prisoner's Defence.

I did not take the plumbs to make any property of them; I only took them to eat.

- Smith. I caught the prisoner pulling the scane of silk out of a bale at Gallay's ky; he threw the silk away; he had cut the bale open with a knife.

Q. How can a man have an opportunity to cut a bale of silk in the middle of the day?

Smith. He stooped down behind the bale to do it. The bale is the property of Mr. Andrew Haldimand .

Prisoner's Defence.

He did not take it out of my hand; he took it off from the ground; it was never in my hand. My friends are all in the country.

Guilty . T .

145. (M.) ROBERT LINNICK , otherwise BAKER , was indicted for breaking and entering the dwelling-house of Edward Webb , on the 30th of December , about the hour of eight in the night, and stealing one linen gown, value 6 s. and one russel petticoat, value 3 s. the property of Elizabeth Talboy , widow ; one cloth coat, value 6 s. and one flannel waistcoat, value 3 s. the property of William Smith , in the dwelling-house of the said Edward Webb .

Elizabeth Talboy . I live in Mr. Payne's house, Liquorpond-street ; it is lett out in single tenements; Mr. Webb has the bottom room, which is a chandler's shop; I lodge up one pair of stairs. I lost a gown and petticoat on Monday the 30th of December. Smith lett a coat and waistcoat with me. Somebody came in at the window. I found the things at Mr. Needham's.

Robert Needham . I am a pawn-broker on Saffron-hill. I took in this petticoat of Rebecca Tinley .

Rebecca Tinley . I pawned it at Mr. Needham's; I had it from the prisoner; he said he had borrowed it of his sister in order to buy him a great coat; I pawned the gown for six shillings and six-pence to one Mrs. Parker.

Margaret Parker . I am a pawnbroker. This gown (producing it) was brought to me by the last witness; she pawned it by the name of Margaret Tinley ; I lent her six shillings and six-pence on it; I did not ask her if it was her own; she had often pawned things before; she said she had damaged it by setting her foot upon it.

John Dinmore . I am an officer of Clerkenwell parish. Mrs. Talboy came to me on the 31st of December, and said she had been robbed. Flanagan and I went after the prisoner; he endeavoured to make his escape; he fell in the mud, so we secured him; then he wanted to be admitted an evidence.

Prisoner's Defence.

I found the things in a bundle I saw lie under the window shutter. I desired Rebecca Tinley to pawn them.

John Batson . I live at Aldgate . My wife keeps a haberdasher's shop. This piece of ribband was lost out of my shop on the 24th of December. I know nothing of the transaction.

Elizabeth Grey . I was in the shop between two and three o'clock. The prisoner came in and another person with her, and asked to see some ribbands. I shewed them a drawer of ribbands; the prisoner took up a ribband to look at, and then desired me to hand another ribband to her that was in the window; I shewed it her; she did not like it; she was going out, and I saw this piece of ribband in her apron. I said, young woman, you have a piece of ribband; she seemed confused, and said, no; it is a piece I bought at the next shop. I took it out of her apron, and I have no doubt but that it is the prosecutor's, it is one of the pieces I shewed her.

Prosecutor. She confessed before my lord-mayor, that she took the ribband.

John Read deposed that he was at the Royal Oak; that he gave the mistress of the house a nine-shilling piece to change; that she weighed it, and found it light; that he went to his lodgings to fetch a guinea; that he took it to the Cart and Horses; that after having been there some time he laid the guinea down on the table; that the prisoner came and snatched it up and ran away with it; that he found out where the prisoner lodged, but he had absconded; that he afterwards took him in company with byland; that the prisoner then confessed having stolen the guinea, and offered to pay it at so much per week.

Hannah Dean , who is servant at the Coach and Horses, confirmed the prosecutor's evidence.

Thomas Harrison . I am a Brazier in Houndsditch . The prisoner is a journeyman carpenter , and was employed by Mr. Adams in the repairs of my house. A neighbour informed me that they had purchased four pieces of brass, which they thought were mine. When I inspected them I thought they belonged to me. I took them home and examined them with the pattern, I had more reason then to believe that they belonged to me. I did not at that time know who sold them, but I desired them if the person should offer more goods of that sort to stop him. I was informed in December, that there were more goods offered by a woman, who represented herself to be this man's wife, upon which I took up the prisoner; he at first denied it; afterwards he owned before his master, that he had taken the four pieces of brass out of the warehouse that was even with a garret, where he had been mending a floor. There was a large quantity of these sort of pieces lay in this warehouse; they are sockets for warming pans. He said before my lord-mayor, that he found them under the floor in the garret, and looked upon them to be his perquisites.

Sarah Moore . These four pieces of brass were sold to me, on the 7th of November, by Elizabeth Beaver , who said afterwards that she was the prisoner's wife.

Levi Moses . The prisoner first denied having any knowledge of the brass, but after he was confronted by Elizabeth Beaver , he owned he had given them to her to sell, and that she was innocent.

- Adams, the prisoner's master, deposed that he heard the prisoner say he found them under the boards in the front garret, but did not hear him confess any thing farther.

Prisoner's Defence.

I was employed to relay this floor; there was a great deal of rubbish, in taking out of which I found several pieces of old brass; I thought they were trifles; I did not know but that they had been there many years.

He called two witnesses, who gave him a good character.

Q. from the jury to the prosecutor. Had the room that was new floored been used by you as a warehouse?

Prosecutor. No, never.

Guilty . W .

149. (L.) ANN BURN was indicted for stealing a cotton gown . ||

Judith M'Guire . I live in Shoe-lane . I was big with child. On the 25th of September I employed the prisoner to make some child-bed linen. She robbed me the second week after she came of the things mentioned in the indictment, while I was gone out about some business. I missed them as soon as I came home. I had mentioned the case to Mr. Venables, who meeting her about a month afterwards in Newgate-street, secured her. She confessed the fact, and gave me directions to the pawn-broker's, where I found my things.

John Vennables deposed, that he met the prisoner in Newgate-street, and secured her; and that she confessed having stolen the gown, which was produced by Thomas Cotterel , a pawn-broker, and deposed to by the prosecutor.

Jeremiah Hart . I was attending on a trial at Guildhall on the 12th of December. While I was standing in the crowd, I felt my handkerchief going out of my pocket. I turned round short, and caught the handkerchief in her hand.

- Pain. I was going that way with some persons. I saw the prisoner with the prosecutor's handkerchief in her hand.

Prisoner's Defence.

I picked it up under my feet.

Guilty .

[Transportation. See summary.]

151. (M.) JOHN DAVIS was indicted for ripping, cutting, and stealing ninety-eight pounds of lead, value 14 s. the said lead being affixed to a certain empty house , the property of Martin Peter , Dec. 3 . ++

- Bannister. I live in the Back-road, Islington . A great many houses have been plundered of their lead there. I was determined to watch who stole it. I watched several nights. In the night between the 2d and 3d of December I heard a noise on the tops of the house; at last I heard a piece of lead fall; then I heard another piece fall. After some time I heard the lead rattling below. Accordingly I went to the place; there I saw the prisoner with the lead upon his shoulder. On seeing me, he threw the lead down, and ran away. I pursued and took him. I examined the house where the lead fell, and it appeared that it had been cut from a house lately occupied by Mr. Peters; that was the only house of five or six that had not been plundered.

Q. How do you think he got up?

Bannister. By the wateredge of the next house.

Prisoner's Defence

I went to find a place to sleep in. I took this bag up, not knowing what it was. I had not been a-top of the house.

Guilty . T .

152. (M.) ANN HAYS , spinster , was indicted for stealing two guineas, a moidore, a four-and-sixpenny piece, and four shillings in money, numbered, the property of Thomas Morris , privately from his person , Dec. 24 . ++

Acquitted .

153, 154. (M.) JAMES TROTTER and THOMAS WARD , otherwise PARKER , were indicted for stealing 100 lb. of tobacco, value 4 l. the property of Lionel Lyde and Samuel Lyde , the said tobacco being in a certain ship upon the navigable river of Thames , Dec. 29 . ++

Rodie M'Key. I am master of the Elizabeth, which lay at the Hermitage ; it was loaded with sundry merchants goods; among the rest there were some tobacco. On the 31st of December William Briggs told me my people had robbed me of some tobacco. I had missed it the 29th of December. I immediately took Trotter, who was my own servant and committed him. Thomas Ward did not belong to my ship; I took him on the 3d of January on stealing of this tobacco, on the evidence of the witness.

William Brigs . I am an officer in his Majesty's custom-house. On the 29th of December ( Sunday evening) I stopped Ward coming on shore from the Elizabeth with ten carrots of tobacco. I asked him what he had got; he said, what is that to you? I took it out of his hand, and he ran away, and said he would call somebody; I called to the waterman, and asked where he brought it from; he said, from the Elizabeth. I took it to his Majesty's custom-house.

Henry Cleverton . I am a waterman. I brought Ward ashore when Mr. Brigs stopped him coming from the Elizabeth. I did not know he had the carrots of tobacco till I came on shore. I was coming from Union-stairs, he hailed me, and bid me put the boat round the lighter. I heard two voices; the basket was handed into my boat, which was covered over, and I got Ward and the tobacco in; he bid me stop, there was another coming; then Trotter looked over the stern, and said, are you gone? he made answer, Jemmy are you coming? he replied he could not come that night, because there was nobody on board but himself and the cook. As I was rowing him on shore, I said, I fancy you have something here that you should not have, if I had known it I would not have took you in; he said, what he had was no harm, for if any boat came along side he could drop it over-board. I told him it was hazardous to me and my boat too. I was agoing to row him ashore at the Hermitage, and he bid me row him to Smith's Ways; he bid me come after him, because he had no money; as he came on shore the officer, Brigs, stopped him. The tobacco weighed one quarter and fourteen pound. Brigs took it from him, and he ran away. I saw the prisoners drinking together. I charged them with it, and they both went out of the house.

Trotter's Defence.

I know nothing of the affair I was not on board at the time.

Ward's Defence.

I know nothing about it. I went on board to see James, and he was not on board; going on shore there was a man desired I would carry this basket for him: he said, he would come on shore at Smith's Ways and pay me, and he called a sculler. Going on shore the officer stopped me, and asked what it was; he took it out of my hand, and I went away, and said, I would get somebody to take it. I know nothing what it was no more than the child unborn.

The prosecutor, who keeps the Pantheon , near Clerkenwell , deposed, that the prisoner was employed by him to wash china: that having lost a great quantity of china, and suspecting the prisoner, be got a warrant, and searched the prisoner's apartments, where he found seven cups and one saucer under the bed, among some old rags; and that the prisoner said she took them out from among the tea leaves.

- Russel, a waiter at the Pantheon, confirmed this evidence.

The prisoner, in her defence, said, that she found them in the tea leaves at three several times, and that they were all odd ones.

Prosecutor. They all matched.

The prisoner called Thomas Rose , Elizabeth Stanly , and Margaret Ennis , who gave her a good character.

Thomas Lewis . The prisoner came to my shop in Bartholomew-lane . I shewed him some goods. I suspected he had secreted some things. I called my wife down stairs, that I might have a second person in the shop. He looked some things out, and said he would call again for them, and pay me. I followed him, and, when he had got about 150 yards, saw him take two combs out of his pocket. I took hold of him while he had the combs in his hand, and brought him back to my shop, when I went and fetched a constable.

Mrs. Lewis deposed, that when the prisoner was brought back to the shop, she saw him take the things mentioned in the indictment out of his pocket, and put them in a drawer on the counter. (Produced and deposed to.)

The prisoner, in his defence, said, that being in liquor, he put them in his pocket, and thought they were paid for.

William Fenix . I brought this butter in a flat from Buckinghamshire. I unloaded my waggon early last Monday morning at Mr. Jenkins's, in Swallow-street, Oxford-road . I put the flat into the care of Elias Revard .

Elias Revard . I received the flat of Mr. Fenix; I put it among other things under my master's window. The two prisoners were drinking at my master's house at the time the waggon came in. They went out. They came in again, and had more drink. They went away; I followed them about thirty yards from the place. I found one of them was helping the flat of butter upon the other's shoulder. I called for assistance, and secured them. I got the flat of butter back, and it appeared to be the same flat that Mr. Fenix had unloaded in the morning.

The prisoners said, in their defence, that they found the flat of butter in the road, and that they were going to carry it back to the inn.

Both guilty . T .

162. (M.) ROBERT TRAVERS was indicted for stealing one hat, value 5 s. one pair of leather breeches, value 5 s. the property of Josh. Malloy , and a surtout coat, a cloth waistcoat, a pair of leather shoes, and a pair of metal buckles , the property of Bayly Cox , December 31 .

The prisoner acknowledged that he had stolen the things mentioned in the indictment.

Guilty . T .

163. (M.) JAMES BROADWOOD was indicted for stealing one hand-saw, value 1 s. the property of John Favel , and one hand-saw, value 1 s. the property of George Richardson , Jan. 4 . ++

John Favel . I lost two saws on the 4th of January from a house we were at work at in Westminster ; they were found upon the prisoner.

Thomas Malson . On the 4th of January I saw the prisoner come out of the buildings, about a quarter after 12 o'clock, when the men were gone to drink, I saw something under his arm; I asked him what he had got, and stopped him; he called me an old son of a bitch, and said he would knock me down; a young man came and took the saws from him.

Robert Humphreys . I am a shipwright , and live at Shadwell ; I also keep a chandler's shop . The pr isoner came into my shop and took a sugar-loaf out of it the 16th of December, about four or five in the afternoon. I went to the door and stopped him; there was nobody in the shop when he came in; he asked me to let him go. I stood in a passage not far from the shop door, and watched him. I lost two sugarloave on the 15th of December.

Ann Kenwood , a lodger in the prosecutor's house, confirmed this evidence.

Prisoner's Defence.

I went into the shop for some small beer. I saw the loaf on the ground, and was going to put it up.

Guilty 4 s. 10 d. T .

165. (M.) GEORGE GRIFFITHS was indicted for stealing one cloth great coat, value 10 s. the property of William Beesley , January the 6th . ||

William Bezley . I am a sawyer . I lost my great coat about two in the afternoon last Monday, from a saw pit near the brickfields, Islington ; I left it while I went home; when I came back it was gone.

Joseph Goodwin . I am a carpenter. I was in the buildings near the saw-pit; I saw the prisoner take the coat from the saw-pit, and put it under his arm; I threw up the sash and bid him let the coat alone; then he ran away with it; I cried, Stop thief! and he dropped it about one hundred yards off; he was never out of my sight till he was taken.

[The coat produced and deposed to by the prosecutor.]

Prisoner's Defence.

I was running after a mad bullock, and saw the coat lie in the road; I took it up and laid it down again, and they cried, Stop thief!

Sir Robert Ladbroke . On Friday the 20th of December, in the night, my house upon St. Peter's Hill , was broke open; they, whoever they were, entered in at one of the sashes of the parlour, in the front of the house; there is a wall before the house; there were marks in it where they got over; the wall is I believe about seven feet high; they got into the yard, and with their implements broke the bolt of the outside shutter of the front parlour. There is the mark of two chissels, which had been made use of in order to strain the sash off to take away the effect of the screw; it is very plain they entered there: by the violent wrench the bed within side gave way, so they then got up the sash. In order to favour their design, when they came in, the curtain was let down so as to screen every thing above the top of the wall, for fear, I suppose, that the light should appear. The same people that entered broke open a chest of drawers. In the front palour there was a tea-chest, in which were two silver cannisters, a pair of silver tea-tongs, and a silver strainer; they took them, and they threw the sugar out of the sugar-dish on the table between the windows: they went, I suppose, next into the back parlour; there was a chest of drawers with five large drawers. The chest was a very strong one, which they had great difficulty in opening; they broke open the bottom of a book-case, a bureau, and a closet in that room (the back parlour). They also broke open in the passage another place that the servants bring the linen down from, that is used on the table (the house-keeper's pantry) but they took nothing from that.

Q. What was lost out of the back parlour?

Sir Robert. A gold coronation medal, a broad five-and-twenty, a piece of gold coin, &c. (repeating the things mentioned in the indictment) with many other things of great value.

Q. The most valuable of these things, where were they?

Sir Robert. In the chest; the rest, the gold chains, the crown pieces, and the half-crown pieces were there.

Q. Was that chest very difficult to open?

Sir Robert. It is a mahogany chest, of an inch and a half-plank, with plates at each corner, fastened with wood screws; they began it at one corner, then they whirled it round and went to the other corner; and at last drew three screws out that screwed the siaple, about this length ( describing it, about a foot long) I do not suppose a horse could have drawn them out.

Q. No body had access to it but yourself?

Sir Robert. No other person.

Q. How long was it since you had been at the chest before?

Sir Robert. There was hardly a day in the year when I was in town but I went to it.

Q. You had seen most of these things in the chest in some reasonable time?

Sir Robert. Yes; and there was a pocket-book with some notes of hand, and to a very considerable amount. I verily believe they were all there that night, at twelve o'clock, that the robbery was committed. I returned home from the tavern about twenty minutes after eleven, and from half an hour till three quarters after eleven I went to bed. Some of my family will shew you lordship; they were up after me. I went into the back parlour, as I always do, to hang up my hat, and put down my stick. I always go into the fore parlour to receive my cap to go up to bed; every thing was safe then; it was one of the finest nights, perhaps, as ever was seen; it was full moon, and a remarkably clear, fine night; that if any man had stood upon the hill, if I had stood at the top, and he stood any where between the bottom and the top, I should certainly have seen him, it was so remarkably a clear night. I was disturbed about a quarter after seven in the morning.

Q. Was it light then?

Sir Robert. It was not light enough to see to dress myself properly.

Q. How long do you think they must have been about breaking open this strong chest, and the other places?

Sir Robert. I should think they could not be less than two hours; there was another box in this strong chest that had nothing but writings in it; they broke it open; they were disappointed, and meddled with nothing in it.

Q. Did you find any thing, the persons that had committed this burglary, left behind them?

Sir Robert. My servant saw some things; there was a chissel, which was a very useful thing to them in this robbery; after having got the chissel into this chest, they broke the saneer, and came at the screws; for it is a very strong chest. They had then recourse to my parlour poker, which had been new steeled, that was so drove against the end of the top of the chest, that it has left almost a polish on the poker now.

Q. Then in your judgement you have no doubt but the thieves got in at this window?

Sir Robert. No.

Q. Did the servants use candles when you came down?

Sir Robert. Yes, when I came into this back parlour the chest was opened, and the writings and things thrown about; some writings remained in the drawers, some were thrown about.

Q. Did they go out of the door or window?

Sir Robert. They went out the same way they came in I believe; they opened the gate to go out of it; but they went out of the window of the house; they unbolted the bolts but could not get the lock open; the key is always carried up stairs, and so they went out of the window.

Q. from all the prisoners. Whether you ever saw us loiter about your house with intention to rob you?

Sir Robert. No.

William Wargent . I am butler to Sir Robert Ladbroke . I got up about half an hour after seven. I came down a little before my master.

Prisoners. Sir Robert said he got up at half after seven; the servant says he got up before his master.

Wargent. I can't speak exactly to the time. The thieves had got in at the parlour window next the gate; it is about a yard and a quarter high; I believe they had broke the bolt of the outside shutter off, which I had bolted over night, there is a pin goes a-cross the window; they had forced there their chissels in, and so separated the sashes and got them open. I fastened the window about four o'clock in the afternoon. I went to bed about twelve o'clock; I was in that parlour a little before I went to bed; the window was safe then. When I came down stairs I went into the fore room; I saw the window up and one of Sir Robert's swords lying naked in a chair; it was a mourning sword; it was in the sheath the night before standing upon the ground in the back parlour. I found three pokers in the back parlour, one of them was bent.

Q. Does no servant lie either on the kitchen or parlour floor?

Wargent. No; all above stairs. I saw this chissel (producing it) and the chest was drawn out about a yard, the chissel is broke; here is the bolt of the parlour window (producing it) it was broke off, a strong poker very much bent; they made an attempt at my pantry, but had not broke it open; they broke open several drawers in the kitchen; the door was locked, and they had tried to wrench it with this chissel by the mark of it; they broke one of the points of the nails.

Q. Was any thing lost out of the kitchen?

Wargent. Yes; three silver saucepans, two silver skewers, three tea-spoons, and one old table-spoon. I saw them there the night before when I went to bed.

Q. How soon did you wake in the morning?

Wargent. Not till the house-maid came to call me. I laid up three-pair-of-stairs.

Q. from the prisoners. If he saw us lurking about the house at any time?

Wargent. I saw two men there about ten o'clock over night, they were in the passage of the next house but one to Sir Robert's; there is a court; I cannot tell who they were, one was standing at the end of this passage, another standing at the next house; I came up to our gate; I did not ring, but turned round, and looked at them; I went towards them, and they went up the hill.

Q. Was this when you went to fetch Sir Robert home?

Wargent. No; I had been out about my own business before.

Q. from the prisoners. Whether it was either of us?

Wargent. I do not think it was; I went to fetch Sir Robert about eleven; we got home about a quarter after eleven; but saw none of them then.

Mary Turner . I am house-maid at Sir Robert Ladbroke 's. I was the last person that went to bed, all was safe when I went to bed, which was about half after twelve, or rather later than sooner. I shut the door of the fore parlour before I went to bed, and it was safe when I went to bed.

Mary Jones . I am Cook to Sir Robert Ladbroke . I got up about a quarter after seven, after the robbery was committed; when I came down two-pair-of-stairs from the garret, I saw the dining-room door open, and the best bedroom, nobody lay in that room.

Court. Did nobody lie on the first floor?

Jones. No: when I came to the parlour door I saw both the doors open, and the window wide open, and the curtains were down; I went up to the house-keeper to call up Sir Robert; we let the curtains down when we went to bed.

Prisoners. Sir Robert said they were up.

Sir Robert. When I came from the tavern I went into the room, the curtains appeared to me to be up then.

Q. to Mary Jones . Were the curtains entirely down or only half way?

Jones. Entirely down; I drawed the curtains up before I saw Sir Robert.

Q. How far up?

Jones. I drew them up pretty near the top, not quite, they do not go quite to the top. There were missing one quart saucepan and one pint saucepan, and another saucepan without a handle, all silver; they were upon the shelf in the kitchen, and there was a silver skewer and an old silver kitchen spoon.

Q. Did you observe any thing the persons had left behind them?

Jones. Yes, a match and a candle in the fore parlour window.

Q. Is the match one of your matches?

Jones. No; we have not such matches in the house, as I know of; these are them (producing a bit of a large match that had been lighted and a piece of candle) the candle was in the window that was broke open.

Cross Examination.

Q. You don't know any thing of fastening that window over night?

Jones. No; I was a bed before the rest of the servants.

Q. What time did you get up in the morning?

Jones. About a quarter after seven.

Q. Nothing in particular made you get up sooner than ordinary?

Jones. No; I drew the curtains up; the clock-case was open; I looked at the clock.

Q. Did you come down with a candle or without?

Jones. Without a candle.

Q. Up stairs, where you were, it was I suppose light enough, but dark when you came

down, because the windows were shut and the curtains down?

Jones. Yes.

Q. Did you open the windows before you came down?

Jones. I opened nothing before I called Sir Robert, but drew up the curtains and opened the door.

Mary Janiaway . I am a servant to Mrs. Bradley's, the house opposite Sir Robert's. I was awake with the tooth-ach about two or three o'clock that morning. I heard some body say, all is safe! It was in the street I thought I heard it; it was when I was in bed.

Q. Did you see any body in the street?

Janiaway. When I heard that I got out of bed, and immediately saw three or four persons.

Q. Was it a clear night or not?

Janiaway. I think Sir Robert's lamps were out; I think it was rather-cloudy; I can give no account of their persons; when I waked first I think the watch said past two o'clock and I laid awake about half an hour before I got up; I think it was rather cloudy.

Cross Examination.

Q. You heard nothing else but all is safe?

Janiaway. No.

Q. Don't the watchman go about three or four times an hour?

Janiaway. Yes.

Q. to John Lyons . Do you know any of the prisoners?

John Lyons . Yes; I know Harry Jones , Frank Phenix , Charles Burton, and Madad as they call him, that is Flanagan.

Q. Then you know all these four prisoners?

Lyons. Yes.

Q. Do you remember their coming to you any time in December last?

Lyons. Yes; on Saturday morning, I can't tell the day of the month; but I think last Saturday was three weeks; they came about five o'clock or a little after; I saw Harry Jones and Frank Phenix , the other two kept a little back in the room, but they were all in the room in my apartments, in Dunning-alley, Bishopsgate street.

Q. It was dark then?

Lyons. Yes, they knocked me up.

Q. Give an account what they came to you for?

Lyons. Harry Jones and Frank Phanix brought to me the two gold chains, and all the plate; there were two gold snuff-boxes, one round and one flat and square; one large linked gold chain and another small one; they were all in the room at the time; but Jones and Phanix delivered them. I saw a picture in the square snuff-box. There were between thirty and forty mourning rings; I never counted them; there was about eight or nine diamond rings. I picked one or two diamonds out of the other rings; there was one white enamelled ring, with a large diamond in it, and one ring with a motto with diamonds all round.

Q. Can you tell what the motto was?

Lyons. No; I did not take notice of that; there was one hoop diamond ring set, I think, in gold; there was a diamond breast buckle; there were three silver saucepans, two skewers; one of the silver saucepans had the handle broke off; two silver tea cannisters, one silver sugar bason, with a cover, they were square, both of a size; there was one eating spoon that had been used very much; there was a kind of a coat of arms upon it, but I did not understand it, and there were one pair of tea-tongs, and two or three old silver tea spoons.

Q. Can you recollect any mark on the plate?

Lyons. The spoon wa s marked: I do not recollect it.

Q. Do you recollect any mark on the tea cannisters?

Lyons. Yes; a hand shut, on the tea cannister, and on the sugar bason likewise.

Q. Who produced these things?

Lyons. I had them from Henry Jones and Francis Finnikin ; they were the particular persons that produced all that I have mentioned; they were all in the room together.

Q. Tell what any one of them said about these things?

Lyons. Nothing was said; but the gold and silver was weighed; and I gave them sixteen guineas and half a moidore in part of payment; it was for the silver plate.

Q. Did they produce any medals of any sort or kind?

Lyons. Several medals: a gold broad thin medal; I did not know what it was; and there was a gold medal in a case.

Sir Robert Ladbroke . I had that broad twenty five shilling-piece of an old lady that left me her executor, and I suppose she had it threescore years; it seemed never to have travelled.

Lyons. There were two or three more gold medals which I don't recollect.

Q. Did they produce any money?

Lyons. They had some guineas in their hands, and I believe some crown pieces and half-crowns, which I saw in Harry Jones 's hand.

Q. How many crown pieces do you think together?

Lyons. A great quantity of them, for they took them away with them.

Q. How long did they stay with you?

Lyons. About three quarters of an hour, Burton and Flannagan went away first about a quarter of an hour before the other two; Phanix and Jones staid to reckon what they would come to.

Q. Did you pay the money before they two went away?

Lyons. Yes; the sixteen guineas and half a moidore.

Q. What did they say?

Lyons. I asked them where the things came from; Jones and Phanix said they came from a house in the city, but could not tell whose; they said the house went down somewhere by the water side; that it was a very great house.

Q. Did they tell you what way it was got?

Lyons. They told me they broke it open. Jones said that they were near three hours before they could get in.

Q. Near three hours getting in, or after they were in the house?

Lyons. Near three hours before they got in.

Q. Did they explain whether they were near three hours trying to force their way in; or what was the expression they used?

Lyons. Very near three hours before they could get in.

Q. Did Jones say this in the presence of the other three?

Lyons. No; after Burton and Flanagan were gone.

Q. Had you any conversation about the house where these things came from in the presence of Burton and Flanagan?

Lyons. No. (A spoon shewn him) That is the very crest.

Q. Was the same crest on the old spoon?

Lyons. There was no crest nor coat of arms, but only three letters.

Q. Can you tell what were the letters?

Lyons. There were S. R. but I do not remember the other letter.

Q. to Mary Jones. What were the letters on the spoon?

Jones. There were three letters, I cannot tell what.

Mary Turner . The letters were S. R. L.

Q. Had you any intercourse with these men after they went from you? when were they taken up?

Lyons. I saw them no more after that time. On the Monday following I sent nine guineas to the prisoners, in sealed-up papers; three guineas in three separate papers to Burton, Flanagan, and Phanix. I paid Jones three guineas at my own house on the Monday following.

Q. Who did you send these three guineas to each of them by?

Lyons. My servant-girl; she is just by. I bid her carry one paper to Burton in Clerkenwell Bridewell; the others to Phanix and Flanagan in New Prison.

Q. Did you send money to these prisoners at any other time?

Lyons. Yes; in the Christmas-week I sent fifteen guineas to prison, and five I gave to Jones when he came; five guineas to Burton, five guineas to Flanagan, and five guineas to Phanix: Jones came to me, and I gave him five guineas; that was a Saturday. I sent these parcels to the prison by my wife. I went last Saturday a week to Newgate, and carried them sixteen guineas. I saw there the four prisoners. Jones was then not confined, but was taken as he came down stairs. I gave them then four guineas a-piece out of my own pocket. They said they should want some more money before the sessions.

Q. What did you do with the gold chains?

Lyons. All the gold was melted down; the chains, medals, and boxes. One Josephs melted them down. There are two brothers of the Josephs; one had the silver, the other the gold.

Court. Are they in custody?

Sir Robert Ladbroke . No; we have not been able to take them.

Q. Had you any hand-bills of this robbery?

Lyons. Yes, of one Heley, one of Sir John Fielding 's men; that was the same day that the robbery was committed.

Q. Was you apprehended yourself?

Lyons. Yes, last Friday: I was apprehended by the City-Marshall and two other men. One of the hand-bills given me by Heley was took from me, and two pair of scales, a large and small pair, were taken from the shelf in my kitchen.

Q. What was the use of these scales?

Lyons. My wife had them before I married her.

Q. Had you any of these things by you at this time?

Lyons. Yes, I had all the diamonds; they were in the window. Josephs took them all out of the sockets. I gave them to the City-Marshall; and I gave Mr. Bond, who was with him, an ingot of gold, which came from the two chains, and boxes, and rings of Sir Robert Ladbroke 's.

Cross Examination.

Q. This was on Saturday?

Lyons. Yes.

Q. Is it not unlawful, in your religion, to traffic on a sabbath morning?

Lyons. I have not followed my religion a good while, for I cannot live by my religion.

Q. You said you saw Heley that afternoon, and he gave you one of the hand-bills?

Lyons. Yes.

Q. In that hand bill I believe all the things you have mentioned are described?

Lyons. Yes; there were rather more things than were in that hand bill; the gold watch was not in the hand-bill.

Q. You was asked whether you saw any crown pieces; you said you believed there was; you said you believed you saw some; it is only belief now, is it? You say Flanagan and Burton were gone away when you had this conversation?

Lyons. Yes.

Q. In the beginning of your evidence, you said you had no conversation with them?

Lyons. I had very little conversation; this was all the conversation I had with them, which was after those two were gone.

Q. You was asked whether you enquired where the things came from, and they said, from a house in the city, but did not know where?

Lyons. They did not know the place.

Q. Then you had no conversation with them whether they had been concerned in taking them, but only they said they came from a house they did not know where?

Lyons. Yes.

Q. You said on the spoon there was S. R?

Lyons. Yes.

Q. Were these all the letters on the spoon?

Lyons. No, there were three; I only remember those.

Q. How long was it before you was taken into custody?

Lyons. Near three weeks.

Q. How came you to charge the prisoners, above all the people you were acquainted with, with these things?

Lyons. Because they brought them to me.

Q. You say that now, and insist upon it?

Lyons. Yes; I said it before Sir John and Sir Robert.

Q. Have you never read over that hand-bill since, in order to refresh your memory as to the quantity of these things?

Lyons. No; I kept it in my pocket: it was as black as ink: Mr. Tinsdale has got it.

Council for the Crown. You said before, that they said these things came from a house in the city, but did not know where; was that in answer to any question from you?

Lyons. I asked them where they came from.

Court. Sir Robert, does your house go down to the river?

Sir Robert Ladbroke . St. Peter's-hill. where my house stands, leads directly into Thames-street, very near the river.

Court. You had two gold chains; were they of the same size, or not?

Sir Robert. No: one was my Alderman's, chain, which had large links; the other was Lady Ladbroke's chain.

Court. When she was Lady Mayoress?

Sir Robert. They are were on all public occasions. The gold chain of Lady Ladbroke's are very small links, like the old fashioned necklaces that were used to be worn; and at the bottom of it was a barrel of gold, set with pieces of chain, to make a finish.

Q. What were the snuff-boxes?

Lyons. One was a deep box, a sott of oval box.

Q. Is that the box the picture was in?

Lyons. No; the picture was in the square box.

Q. Was it a man's or woman's picture?

Lyons. Neither; it was an historical picture.

Q. What is become of that?

Lyons. Josephs took it with him.

Q. You never made any discovery till you was apprehended, I think.

Lyons. When my wife was in trouble, I sent up to Sir John Fielding , to know whether I could do instead of my wife; whether he would redeem her, when I came up. He said, the thing was lodged against her about giving the money.

Court. Did Jones and Phenix, when they said they came from a large house in the city, say who the persons were that were concerned?

Lyons. No. that was not mentioned.

John Bromly . I was taken up on suspicion of Sir Robert Ladbroke 's robbery, and I was discharged: Afterwards I was taken up again.

Q. Do you know the prisoners?

Bromly. Yes, I have seen them all; I know no further of them.

Q. Did you see either of the prisoners at any time after Sir Robert's house was broke open?

Bromly. No, not till I saw them at Sir John Fielding 's. After I was cleared, I went to New Prison; Phenix and Flanagan were there; I can't say what day that was.

Q. Had you any conversation with them about Sir Robert Ladbroke 's robbery?

Bromly. No: They said one Lyons owed them some money; they did not tell me upon what account. They asked me to go to Lyons, this man.

Q. What name did his wife go by?

Bromly. Cave, or Lyons.

Q. Did they tell you how much Lyons owed them?

Bromly. No: I went to Lyons, and said I came from Phenix, and told him, that they desired he would send them some money.

Q. Did he tell you whether he had any thing of theirs?

Bromly. No.

Q. Did you see either of the prisoners at Lyons's house?

Bromly. No: Henry Jones came to my house, and said Lyons owed him some money. I went with him to Lyons. Jones asked him if he had any money to give him. He said, no, he had none.

Q. When you was before Sir John Fielding , you gave an information on your oath there in writing?

Bromly. Yes.

Q. Now mind you speak the truth, and tell us all you know.

Bromly. I will.

Q. That information was true, I suppose?

Bromly. Yes, it was. Jones said, Lyons had some things of his; he said that he asked forty or fifty guineas for them; and Lyons said they were not worth half the money, not nothing like it.

Q. What time was this?

Bromly. About three of four o'clock in the afternoon. I cannot say exactly; and Jones and I came away together. Lyons said he had got a piece of gold to sell.

Q. He said this in the presence of Jones?

Bromly. No; Jones was not there at that time. I said I would send somebody to buy it of him. I went to one Heatley.

Court. He is not here?

Council. No; he was here last sessions, but was acquitted.

Q. Did you see any gold at Lyons's?

Bromly. I saw a piece of metal that they called gold; they put it in a scale; Heatley bought it; he gave him about thirty guineas for it.

Q. Then the conversation was about the rings; was any thing said about Heatley?

Bromly. No; Heatley was not there. Jones said he had some rings worth 40 l. I saw none of them.

Q. Did Lyons or Jones talk about any other rings?

Bromly. No.

Q. When Francis Phanix sent you to Lyons, what directions did he give you?

Bromly. He said he owed them some money, and desired he would send it.

Q. At the time he sent you, was there any talk about goods?

Bromly. No, not that I recollect.

Q. What did Heatley do with the gold?

Bromly. He took it to the refiner's.

Q. Did you go with him?

Bromly. Yes, I went to the place, and staid at the corner of the square. It was taken to one Mr. Cox's.

Q. Did you see him go into the place?

Bromly. I saw him turn down; and he came back, and asked me to go and buy and ounce of silver to hear what they would say.

Q. Did he give you any reason?

Bromly. He said, do you go and buy an ounce of sterling silver. I went and bought it; and when I came back, Heatley asked what they said; and I told him, they said nothing at all.

Q. Did you go to Mr. Cox's?

Bromly. I went to a house in Little-Britain.

Q. At the time you made this information before Sir John Fielding , you was in custody on another charge?

S. Lyons. About a fortnight ago Jones came and enquired for my husband.

Q. Do you remember being sent by your husband with a message to any of the prisoners?

S. Lyons. Yes; about a fortnight ago he sent me to Phanix, Flanagan, and Burton; two of them were at New Prison, and the other at Clerkenwell.

Q. What was you to carry to them?

S. Lyons. Fifteen guineas.

Q. Which was in Clerkenwell?

S. Lyons. Burton. I gave it to them.

Q. Had you any conversation with them?

S. Lyons. No.

Q. Was any body present?

S. Lyons. No; I called them out into the yard, and delivered five guineas to each. I staid about half an hour, and drank some wine. I cannot recollect any conversation that passed.

Q. Do you know Bromly?

S. Lyons. Yes, I saw him once or twice with my husband. I believe the last time was about ten or eleven days ago.

Q. What did he come about?

S. Lyons. He brought a young man about some business. I was not up stairs. They said his name was Heatley.

Q. Do you know what Bromly brought?

S. Lyons. A bit of gold that was melted. Bromly said he was sent for money; he said he came from New Prison; and said, the lads desired to know why he did not send them the money?

Q. Did you ever see Jones there?

S. Lyons. Yes, he came there the first time.

Q. Did you ever see Jones there with Bromly?

S. Lyons. I believe he called there one evening with Bromly since the robbery. I believe my husband gave him once three guineas, and once five guineas.

Q. Do you remember these four people coming one Saturday morning?

S. Lyons. I cannot say I do; I was a-bed; the curtains were drawn; I did not see them.

Q. Did you see any of them come into the room?

S. Lyons. I pulled by the curtain, and I believe I saw Jones and Phanix. I saw some things lie on the table. I saw some mourning. rings and some plate. I cannot say particularly to any thing. This was the 21st of December.

Q. Did you hear what passed?

S. Lyons. Yes; I heard them talk about the things

Q. Did they say where they came from?

S. Lyons. Not in my hearing.

Q. Was the girl by?

S. Lyons. No, she was below in bed.

Q. Did they all go away together?

S. Lyons. Yes.

Q. Was you present at any time, when your husband sent the maid with money to any of them?

S. Lyons. Yes.

Q. To whom did he send her?

S. Lyons. To New-prison and Clerkenwell, to Burton, Phanix and Flanagan with three guineas to each; they were wrapped up in paper, that the girl did not know what she was carrying.

Q. to John Lyons . When these four people came to you on Saturday morning, what room did they come to?

John Lyons . My bed-chamber.

Q. Where was your wife?

John Lyons . In bed.

Q. Did they all go away together?

J. Lyons. Two went away first, and the other two staid about a quarter of an hour; two went down stairs first and directly went away; the other two staid below to talk.

Q. Where was the conversation about the house the things came from?

J. Lyons. Below stairs.

Q. Had Bromley. been with you before?

J. Lyons. Yes.

Q. The first time he came to you, from whom did he come?

J. Lyons. He said he came from Phanix, and said they wanted some money. I said I had none, because the things lay by, and I could not sell them. I told him there was the gold melted, if he knew any body to dispose of it. He said he would come again the next day. He did, and brought with him Jack Heatley . I sold him ten ounces and a half, and had thirty-one guineas and a half for it.

Q. This was part of the money you sent to the prisoners?

J. Lyons. Yes.

Q. Was this the three or five guineas part?

J. Lyons. The five guineas.

Q. You say you sold ten ounces and a half to Heatley; this was not all the gold produced by the chains, the boxes, and the rings?

J. Lyons. No; I sold him afterwards seven ounces, and had twenty-one guineas for it.

Q. But there was more besides this, was there not?

J. Lyons. Yes, there were seven ounces more, for which I received four guineas in part of payment.

Q. The rest was made up into an ingot that you gave to Bond?

J. Lyons. Yes.

Q. How much did that weigh?

J. Lyons. Thirty-two ounces.

Q. Was the ten ounces, the seven ounces, the seven you gave to Josephs, and the ingot, all that was produced from the chains, the rings, the boxes, and medals?

J. Lyons. Yes.

Q. How long did they stay up stairs afterwards?

J. Lyons. Not above two minutes above stairs; then we went down again.

Q. What did Harry Jones tell you?

J. Lyons. He said they were all concerned in it. Harry Jones said he wanted all the money for him to carry it to the gaol.

Flora Bakaruk . I am servant to Mr. Lyons.

Q. Did you ever see either of the prisoners before?

Bakaruk. No; I am not acquainted with them; I never saw any of them.

Q. Do you remember your master being called up about three weeks ago?

Bakaruk. No, I say backwards in the kitchen.

Q. Was you sent at any time with any papers?

Bakaruk. Yes, I was to give them to Charles Burton , Madad (Flanagan), and Phanix. I gave them to them.

(She was ordered to point out the prisoners. - She printed them out severally.)

Q. Which was in New-Prison?

Bakaruk. Phanix and Flanagan were in New Prison; Burton was in Bridewell.

Q. Was any body present when you delivered the papers?

Bakaruk. No: I delivered the papers as they were; I did not see what was in them.

Q. Who did you tell them you brought them from?

Bakaruk. I said, my master, Mr. Lyons, sent me with them. I said so to them all.

Margaret Street. I am mistress of the tap at New Prison.

Q. You remember Phanix and Flanagan being in that prison?

Street. Yes.

Q. Do you know Sarah Lyons ?

Street. Yes; I saw her come to them once in the holidays. After she was gone, in the evening, Phanix and Flanagan gave me nine or ten guineas and a watch.

Q. Did they tell you whom they had them from?

Street. No.

Q. Was it a gold watch that they gave you?

Street. No; a watch I have known them have some time.

Q. Though you do keep the tap at New Prison, be sure you tell the truth; did you ever hear Phanix and Flanagan say any thing about this robbery?

Street. I have heard them joking about the chain; I never heard any other things in my life; I had always their money when they came to our house.

Q. Upon your oath, do you remember any expressions they made use of?

Prisoners. When any body used to come, they said, where are the Aldermen? where are the chains? and used to call us Sir Robert. Sometimes they had a bottle of wine; she went out, and came in again; then she came back; they had another bottle, and some bread and cheese.

Mr. Joshua Tinsdale . I am City Marshal. On Monday last I was at Sir John Fielding 's; we had an information of this Lyons being concerned in receiving the goods lately stole from Sir Robert Ladbroke ; we accordingly went to take him. When we got to his house, he was not at home; we waited some little time; we perceived him go by the door; we went out and took him. We took him to Sir John Fielding 's, where he was examined; he said he knew nothing at all of it. In a little while he desired that Sir John would admit him an evidence, and Mr. Bond and I went to search his house. He told us we need not search, for he would discover where the things were. He took a hammer, and we went up stairs, and in the sash-frame, where the lead runs down, he took off a skirting; he wanted to take something out; I desired to see what it was. He took out a paper contained in a small purse; in that paper were some diamonds and a small hoop-ring. Lyons told me those were the diamonds taken out of Sir Robert Ladbroke 's rings, and a few more diamonds were in a paper in one of the boxes. I counted the diamonds before Sir John Fielding ; there were sixty-three diamonds besides the hoop-ring. They were sealed up first in Lyons's house, then they were opened at Sir John Fielding 's, and told over; they were afterwards sealed up again as they are now. (The paper opened, the hoop diamond ring shewn to Sir Robert Ladbroke .)

Sir Robert Ladbroke . I verily believe this to be Lady Ladbroke's hoop-ring, as much as that I exist at this moment.

Tinsdale. These diamonds in one paper, I was told by Lyons, came out of the breast-buckle; I thought there had been twenty-one; there are but twenty.

Sir Robert. They were all brilliants, and I never saw a siner buckle in this world. (The diamonds shewn to Sir Robert.) I had some of this size; I cannot swear to them.

Tinsdale. Here is the piece of gold that was delivered to me in the presence of Mr. Bond; it was melted all in one, and is now cut into pieces; there are thirty-two ounces of it. I have the scales they had in Lyons's, house for weighing these things; Lyons produced them. He wanted to take them himself; we did not chuse that, without seeing him take them from thence. There was another piece melted at the same time this was; in the ingot was put some clay, to make one ingot smaller than the rest that were disposed of by Lyons to one Hankley. I found this hand-bill in Lyons' pocket. (producing it.) He said it was delivered to him such a day; and he said it corresponded exactly with the things given him by the prisoners the morning Sir Robert's house was broke open.

Sir Robert. We have had an assay made of this gold. Mr. Bradbury says it is three grains wore than standard. Mr. Pratt has assay'd it; he says, it is three grains and an half worse.

- Clarke. I was at the taking of Jones.

Q. What day was he taken?

Clarke. I think the fourth of this month; I took him in Newgate. I called for a coach, and took him to Sir John Fielding'. Taking him out of the coach, I saw something in his hand; I opened his hand, and I found five guineas, one shilling, and a gold ring, which was delivered to him again.

Q. Did you find any thing else on Jones?

Clarke. On the first information Sir Robert gave, Mr. Bond and I went in quest of all suspected people. We went to the house of Bromly; we found nothing that led to a discovery of the robbery. We then went to Black-horse-alley, Fleet-street; there we apprehended Harris, I think she calls herself, and Lyons; and I took out of Harris's pocket eleven crowns, seven half crowns, and six guineas and a half. Mary Harris and Lyon Lyons were together.

Court. Pray, Sir Robert, is there any thing remarkable in the crown pieces respecting the date or from?

Sir Robert. Here are some of all dates. I had them all of the gentleman at your right hand.

Nicholas Bond . I was with Mr. Clarke when he apprehended Harris and Lyons. Mr. Clarke found some crown pieces upon her. I waited in the public house, the Black Horse, myself; and about five minutes after they were gone, Burton and Phanix came past the windows, that was in Black-horse-alley. I stept behind the door, that they might not see me. They came in, and I laid hold of Burton; he was the outside. I told him, I must search him; this was about ten o'clock the same day as the burglary was committed. I found four crown pieces, three guineas in gold, 15 s. in silver, and a quantity of halfpence. Phanix came in first. I returned them all the money but the crowns and half crowns. Phanix refused to be searched. He said, he would not be searched, unless we sent for a constable. I stood at the door. I sent a message to Heley. Heley came; then he submitted to be searched; I found on him two guineas, two half crowns, and a sixpence.

Cross Examination.

Q. All that Phanix said, was, you should not search him till the constable came?

Bond. Yes.

Q. Did he give a reason for it?

Bond. He did not.

Q. Before you apprehended Burton and the other, did they ask for any body, or say any thing?

Bond. No; I seized them immediately.

Mr. Robert Albion Cox . I am a refiner, and live in Little Britain.

Q. Do you remember buying any gold?

Cox. Yes; many quantities at different times.

Q. Do you remember buying the quantity you paid 40 l. for?

Cox. Yes; that was on the first of January.

Q. What sort of a piece of gold was that?

Cox. I have it here; I bought it of a man, who told me his name was Bonme. This is the gold. (Producing it.) I think it came to 40 l. 8 s. Ten ounces about ten penny weights.

Q. How much did you give an ounoe

Cox. My clerk gave him cash for it, 3 l. 17 s. an ounce, according to the assay. I should be glad to see Sir Robert's, assay.

Sir. Robert. I will relate both faithfully - When I heard part of the gold was sold to Mr. Cox, he attended at Sir John Fielding 's. We had got an assay made of it, and it was three grains worse than standard. Since that a fresh assay has been made by one Mr. Pratt, a man of character, as they both are; and Mr. Pratt, the second assayer, makes it three grains and an half worse than standard.

Cox. I have given sixpence per ounce for it more than any body else would have done. At Sir John Fielding 's, the evidence Lyons swore that he had sold an ingot of gold to one Hickling; this Hickling told them, that he had sold it to a resiner in Little Britain; no other living there but myself, they supposed it to be me. He then swore it was a half bar, or half ingot, cut or broken. He declared before Sir John Fielding , that it was only a half bar; and that Mr. Hickling called it a half bar. That ingot was never broken or cut, but fairly melted.

Court. What is that broke at the corner?

Cox. That was broke in order to assay it.

Q. to Lyons. Did you say before Sir John Fielding , that you sold a broken ingot to Hickling?

Lyons. I did not know whether it was cut off or whole; I said it was all intended to be done in one ingot; I cannot swear whether that is it, or not.

Q. First you sold to Hickling ten ounces and a half?

Lyons. Yes; the first ten ounces and a half. I sold for thirty-one guineas and a half.

Q. Do you now believe that to be the first piece you sold to Hickling, or not?

Lyons. I think it is.

Q. Was you at home, Mr. Cox, when this was bought?

Cox. I was.

Q. Do you remember any body else coming to your shop afterwards about silver?

Cox. That I can't say. We have fifty or sixty come into the shop, sometimes an hundred in a day.

Q. Have you no entry in your book that same day, of any quantity of silver being sold that day?

Cox. No doubt; I chuse to have my cash-book brought.

Sir Robert. Mr. Cox brought his books to Sir John Fielding 's; it appeared that this ingot was left on the 31st of December, in order to be assay'd, which is usual; having some little suspicion of the man that carried it, Bromley was sent back to see if all was right, and to buy this ounce of silver which is in Mr. Cox's books, which were produced before Sir John Fielding . He suspected he was watched, therefore he sent Bromley back to buy the ounce of silver.

Andrew Egan . I live at the Black Horse in Black-horse-alley, Fleet-street. The week Sir Robert was robbed, at a club there I saw Lyons, Burton and Phanix together there; it was the night before Sir Robert Ladbroke was robbed.

Q. How many might be at that club that night?

Egan. There might be between thirty and forty.

Edward Wallis . I am a tobacconist, and live on Holborn-hill. I know Burton and Flanagan. I saw them together about seven o'clock the morning Sir Robert Ladbroke 's house was broke open. There were three more with them; Burton turned back and looked at me; I had had him in custody several times when I was constable. One of them swore a great oath. One of them had something in his hand, I did not see perfectly what it was; it was like a candlestick. I said to a gentleman afterwards, that I saw these men go by, and believed one of them had a silver candlestick; and one of them d - d my or his blood, and said, We made this at a heat; and away they went down Holborn prety smart.

Q. When did they say that?

Wallis. They were just gone by; I can't say which said it.

Jones's Defence.

I know no more of it than the child unborn, Lyon's word ought not to be taken; he would say any thing to save his life.

Phanix's Defence.

I am as innocent as the child unborn.

Burton's Defence.

This John Bromley was taken in a robbery, and was carried before Sir John Fielding . He was sure he should lose his life, so before the justice he said, if he would admit him an evidence, he would discover something about the robbery at Sir Robert Ladbroke 's, and then made mention of our names.

See Charles Burton tried, No. 322, in Mr. Alderman Turner's mayoralty, for a highway robbery, in company with Bromey. No. 12 and 225. in Mr. Alderman Beckford's second mayoralty, for burglaries. No. 508, in Mr. Alderman Trecothick's mayoralty, and No. 640 in ditto, for burglaries, when he was capitally convicted, but received his Majesty's mercy.

172. (M.) THOMAS CAVERNER was indicted for stealing two guineas, and 3 s. 6 d. in money numbered , the property of John Abbot , April 11 . +.

John Abbot . I am master of the Fanny . I met Mr. Smith on the 11th of April, a little after three o'clock. It has been some time since I have seen Smith. He met me, and said, You look pure well; he asked me when I went to Lynn again; I said, I was going down to New-castle; he said, he had a friend who had some goods to go there. I went down with him to see these goods in Whitechapel. He asked me what I would have to drink; I said, a pint of beer. He said, they don't sell beer. I said, half a pint of wine would do. He said, he had a brother had two bales more. His brother came in soon after, a stout portly man; half a pint of wine was called for; he sat about a minute or two, when in came the prisoner and another gentleman like a countryman; it was in a little narrow room backwards, at the three Lemons, Goodman's-field. This country gentleman said he saw this young man at cards one night, and asked him how he came off. He stew about the room like wildfire; said he, I lost so much money. How? Said he, in cutting the cards. I lost 40 or 50 l. but I don't mind that a farthing. What, said he, did my uncle say when I was gone out? Why, that you was an idle young rascal, and would spend all your fortune. But said he, you got a prize, did not you? He said, yes, he got 5000 l. He then proposed to cut for some money. He brought in the cards; all under five was this gentleman's and all above five this man's. Zounds! thinks I, you have a good chance to beat this man; so they went on several times; this countryman won every time. At last this man said, Captain, cut you for me, he wins every time. I said, I beg to be excused, I will have no hand in it; I never played for a sixpence in my life. They said, it is no harm for you to cut. I cut once or twice, and this countryman won. The prisoner said, you are all devils, I will cut no more; I will toss up. He swore again, You are all a pack of lousy scrubby fellows; I will lay any thing you cannot produce forty guineas apiece at one time. Smith sitting by me, said, Captain, have not you got so much? I said, No. He said, Could you not get it? I said, Yes, I could in an hour. Then he said, Lay it. I was foolish enough to lay; I paid the money down, and I went cut, and Smith and the other countryman went away with me. I put down three guineas; O! said Smith, I will take care they shall not run away with the wager; I will take care of you. I went away innocently enough. I went into the city, and drew my money from the banker's. This stout fellow went with me, and we received the cash. As soon as we got into the house, he said, Captain, you are too late by two or three minutes, it shall be a drawn wager; (though we were within the time) they shan't use you ill. We returned the money. Then they proposed play at cutting for a sum; I said, I would rather go about my business. One of them by me, said, You shall not go yet, captain. I saw a little woman put her hand to the door, and push the bolt too. When this was done, O! thinks I, I am gone; then I began to be terrified. Thinks I, now what will become of me; I shall be certainly lost. After this they went on and cut away, sometimes for two guineas, then five, then sixteen. My money held out longer than the countryman's and this Smith's brother's; then they had nothing but mine to work for. I thought to keep some back; one of them minded me. I told them all mine was gone. I lost 41 l. 2 s. 9 d. I had drank nothing that blessed day but one glass of wine.

Council. Oh, it was a blessed day indeed!

Abbot. I wanted to keep this money fast. This stout fellow stood close to me; he said, You have more money yet, out with it; d - n me, turn it out; and up with his fist at me. I was obliged to take it out. As soon as it was done, I saw no money put to it; no wager betted, nor card cut; but the prisoner, as soon as I had put down two guineas and 3 s. 6 d. swept it up, and said, that is mine. I stood up and said, surely you will not take my money from me in this manner? I said to Smith, You know I am a poor man; you have brought me here to ruin me. The prisoner stood there all the time, and he took the whole tote of the money. After this Smith said to me, You shall not lose your money; I have a merchant over the way owes me 100 l. I will draw that and pay you. I went out with Smith. I said, Where is the house? He said, Not far off; and so brought me on, till he turned the corner by the Magdalene. There was a little alehouse by the Swan; he said, Go in there, and call for a pint of beer, and I will go to the house, it is over the way. I went in; I could drink none. When he got out, I went and peep'd round the corner; when I peep'd, he ran as hard as he could. I ran heard after him, but before I came at him he had turned the corner. I never saw any more of him. I came up to London last November with corn, and on the 4th of November I had been to dinner, and I saw this Smith, and a man with boots and sours walking together. I seized Smith directly. I said, Do you know poor Abbot now? He said, no. I am an Irishman. I came up last sessions to attend on him, and walking down the Strand on the 5th of December, I came plump on him. I said, Ah, young man, what have you done with my money you got from me? He said, I don't know any thing of you. I took him before the Justice. The other man drew his hand from me, and ran away as fast as he could. He ran up a court; I called stop thief; they ran round me, and the man got off. We had the prisoner before Sir John Fielding . He swore all the way, and made use of such threats as never was known, what he would do to me. I said, I know you very clearly. As soon as I got him to Sir John Fielding 's, he was committed. A gentleman came to Sir John Fielding 's, and said Caverner was his prisoner for a sum of money. I said to the Justice, don't let him be taken away from me. He was committed. This man met me afterwards, and said I owed him so much money, I had taken away his prisoner from him.

Q. At the time you put down these two guineas, had any of the company put up their fists, and insisted on your putting down your money?

Abbot. Yes, and the prisoner was present.

Q. Was that the man you saw with Caverner, when you met him on the 5th of December?

Abbot. Yes.

Q. Was this money demanded on account of what you had lost by gaming?

Abbot. No, it was after all was done. There was no money down but my own.

Court. Did you owe them any money you had not paid them?

Abbot. No.

He was asked, on his cross examination, whether he told Sir John Fielding that he was robbed. He replied, that he told Sir John the whole story of what passed; and when he came to mention the two guineas and three shillings and six-pence, Sir John said, that was a smush.

John Copperthwaite deposed, that he paid the prosecutor a draft of 40 l. the same day.

The prisoner, in his defence, called William Munday , a waiter at the Three-Lemons, who deposed, that the prosecutor made no complaint there of having been robbed; and also that there was only an inside bolt to the door.

Thomas Dudfield , who keeps the Three-Lemons, deposed, that when the prosecutor came back to his house to seek for the men, he said, he had left all his money at cards.

Mary Brown deposed to the same effect.

James Snape deposed, that he was drinking in the Swan alehouse, Rosemary-lane; that the prosecutor came into that house to seek for the men; that he told the witness, that he never had the purse in his pocket till he had lost all his money, and that he lost the whole sum, amounting to 43 l. 8 s. 3 d. by cutting of cards.

Mr. Keeling deposed. that Abbot the first time, said he had been defrauded of upwards of forty pounds by cutting of cards; that on his second examination, he said he two guineas and three shillings had no connexion with the play; and that all play was over when they took that.

Guilty . T .

173. (L.) WILLIAM SMITH , otherwise THUMPER , was indicted for breaking and entering the dwelling-house of Albert Nesbit , Esq. on the 9th of January , about the hour of four in the night, and stealing a silver punch-ladle, value 10 s. a pair of silver tea-tongs, value 10 s. forty-one silver table-spoons, value 20 l. and twelve silver tea spoons, value 4 s. the property of the said Albert Nesbit , in his dwelling-house . ||

Mr. Nesbit. I live in Aldermanbury . I waked last Friday night, about four o'clock; I heard a great noise below stairs; upon which I rang the bell, and alarmed the servants. I went down with one of my servants; I took the bar of my window in my hand; and I found, first of all, the door of the closet in the hall broke open. I found the fore gate and the back door barr'd up. I found seven or eight locks broke in the front parlour. From thence I went to the kitchen on the ground floor; there I found two or three more locks forced, and the maid's tea-chest. From thence I went to the housekeeper's room; there I observed that a window, looking into Mr. Thornton's back yard, was thrown open; the sash was up, and the door of Mr. Thornton's yard was forced open likewise. I found there two chissels, one in the house, the other in the garden. (Producing them.) Russel and Hayward, two of my servants, came down. I sent them into the front yard to see if any body was there. They returned, and said, they had found a man, and that another had escaped. Some table-spoons and some tea-spoons were found in the yard; of which Russel can give a more particular account.

William Russel . I am butler. On Friday morning, about four o'clock, I heard my master's bell ring. I got up, and came down stairs with him. As we were coming down, I heard the hall door clap to. I looked out at the window, and saw two men in the fore court. I asked them who they were. One of them said Brown, or Bromley; I can't tell which; I rather believe it was Brown. I called to the watch to secure the gates, and I went down with my master, and we found the locks broke, as my master has described. After this, the coachman and I went into the fore court; he had a candle in his hand. We found Bromley, the evidence, in the corner of the court. The coachman and I secured him; we took him out of the front gates, and delivered him to the watchmen at the watch-house over the way. Returning back into the yard, I saw a handkerchief with a great many spoons in it. (Producing it.) I can swear these are Mr. Nesbit's property; there is Mr. Nesbit's crest upon them; they were usually kept in cases in the cupboard which was broke open; I had the care of them; I am positive they were safe in the cases the night before when I went to-bed. When I came in again, near the cupboard in the hall lay this coal-chissel, as it is called; a little farther on lay this sharp chissel. I observed in the kitchen a spice-cupboard was broke open; nothing was taken out of it. The sash in the housekeeper's room was thrown up; it was the house-keeper's business to fasten that window. I am sure that all the doors were safe at night when I went tobed. I heard the hall-door shut when I first waked. I could not get out of the hall into the court but at the hall-door, because all the windows were fast that looked that way. I saw marks upon the wall in the back yard of a man's feet who had been endeavouring to get over the wall. There are two doors; the back door goes to Mr. Thornton's passage, the fore door into Basinghall-street. The coachman and Mr. Southwell's coachman went in pursuit of them.

Joseph Hayward . I am Mr. Nesbit's coachman. I opened the door at the top of the house to call the watch to go round to the back door. They told me they were gone. I came down, and went out with Russel at the hall-door. We saw Bromley in the corner of the yard, endeavouring to get over the wall. Russel and I took him. He pretended to be in liquor. We delivered him to the watchmen. There were marks of feet upon the wall. The watch and I went round to Mr. Southwell's, and borrowed some cloaths, for I had come down in such hastle, that I had come without my cloaths. While I was dressing myself in Mr. Southwell's kitchen, I heard somebody come over the wall by the kitchen window. Whereupon Mr. Southwell's coachman and I went to Guildhall and alarmed the watchmen. We got candles, and went a-top of the leads; we searched about from about a quarter after five, till five minutes past seven. We saw the marks of feet upon the leads, which we traced from place to place. About ten minutes after seven, when it got very light, we saw the prisoner sitting a top of Mr. Waggoner's leads. Mr. Southwell's coachman went round with the watch to Mr. Waggoner's door; then we went round, and called the prisoner; he came and surrendered; we secured him, and led him down a little ladder through a house in Dyer's court, Mr. Hyde's house, I believe. He was searched, but we found nothing on him.

Thomas Troughton . I am coachman to Mr. Southwell. I went with Mr. Nesbit's coachman to the Comptroller's and Town-clerk's, to give the alarm, that the men might not escape over their houses. It had been a white frost that morning, so I could see the marks of feet upon the leads of Guildhall and the adjacent buildings. The Comptroller's footman came out, and said he had heard somebody run over the leads over his head. We followed that direction, and found a rope tied round a chimney, by which it appeared to us, that a man seemed to have got down; it was thirty feet to the bottom of the chimney; I did not care to venture that passage, but went down to the place where the bottom of the rope hung; there I saw the place where a man had jump'd across to another leads that went to Mr. Hyde's house; we went through there, and came to the top of the leads; there we found that this man had scaled a wall seven yards high, by the side of a chimney, to another house. We got a ladder in order to pursue him; we knew we must have him safe there. Mr. Nesbit's coachman went up first; when he got to the top, he saw the prisoner, and said, Tom, here is one. We advised him to surrender, for he could not make his escape. He got on his legs, and felt in his right-hand pocket; I apprehended it was for a pistol, but none was found on him. I left Mr. Nesbit's coachman to guard their wall, while I ran round to secure the passage into Fountain-court; in the mean time the prisoner surrendered.

Ann Smith . I am Mr. Nesbit's house-keeper. I always looked to see if these doors and windows were fast in the room towards Mr. Thornton's yard, where these people got in. It was screwed on Thursday night with a screw in the shutter when I went to bed. I am positive that I screwed the sash down. The inside shutters have a screw which fastens them together; there was a blind between the sash and the shutter.

John Bromley . One Hudson, and I, and the prisoner went out one night, I forget what; it was the night before we were taken; indeed, I believe it was Friday morning; it was about four o'clock. We went out to see if we could get any money, wherever we could find it. We did not fix any particular place to go to. We came down Aldermanbury; we saw a gate in a back court. I said to Hudson, let's try to open it. Hudson and I opened the gate with this coal-chissel that has been produced. We got into the yard; then I went down some steps in a narrow place into a kitchen; the door was only upon the latch. We several times tried to open another door which went to the dwelling-house from the kitchen, but it was too strong, we could not break it open. Hudson and I went into the kitchen; the prisoner stood at the door. We found nothing in that kitchen but some stockings. I saw a sash over the way; I went to it, and pushed it up. I lifted up the sash; I put my hand against one inside shutter; it seemed not to be fast; it opened directly. The other shutter was screwed; I opened it; I pushed the blind up, unscrewed the door, and put the blind by the side of the place. Then I went in, and stuck a light. Hudson and I went in together; Smith stood in the alley. I went into several rooms; I opened some drawers, and found some lottery-tickets; I took them at first to be bank notes; I did not meddle with them when I found they were lottery-tickets. I broke open but one drawer; I found the keys for the rest. There was nobody but myself in the house at that time. Then I came to a place like a cupboard; I took this great chissel, and opened it. There were some cases in the cupboard that had in them some spoons and knives and forks. I took out all the spoons but four or five; I pulled my handkerchief off my neck, and put the spoons in. Then I came to the window, and called for Hudson and Smith. Hudson was at the window; Smith, the prisoner, was at the outer door in the alley. Hudson and the prisoner came in; his name is Thumper, or Smith. Just as I was getting in, I heard an alarm of a bell. I ran towards the street-door with a candle in my hand. I gave the spoons to Hudson first; Hudson gave them again to me; then I gave them to Smith. We were all three together in the house then. We tried some time before we could open the door: I pulled back the lock at last: I believe the door was only single locked; and I ran out with the spoons towards the gate; but I could not find any way out. I thought we had been in the street. If we had gone out the way we got in, we should have got off.

Q. Had you the candle in your hand?

Bromley. Yes, they were in the dark; for I had blown the candle out when I came to the door.

Q. Did you hear the door shut after you?

Bromley. Yes; but I don't know whether Smith or Hudson followed me in the yard. I ran up to the corner of the wall and laid the spoons down; then I heard somebody on the other side of the wall call out, Why don't you come over? I don't know who it was, I was so much frightned; and being a little stupid with liquor, I could not get over; I made answer, I could not get over. Somebody looked out of one of the windows of the house; I said, if you come down here, I will blow your brains out. I said so to frighten them, because I wanted to get away. Two gentlemen came down and laid hold of me.

Q. Did the prisoner get over that wall?

Bromley. I can't say; I believe it must be Thumper, by his being catched there. Somebody got over the wall, but who it was, I can't tell.

Mr. Nesbit. The wall divides Mr. Fryer's garden from my court-yard.

Q. Are there any marks on the wall?

Mr. Nesbit. The wall had been new plaistered, and there were marks all up the wall from attempts to get over.

Prisoner's Defence.

I leave it to my council.

For the Prisoner.

John New . I am a butcher; I am a leading man at the victualling-office. The prisoner worked there for me two winters, and behaved extreamly well.

John Geary . I work in the victualling-office. I have known the prisoner two years; he was always esteemed an honest man; I never heard any thing amiss of his character.

John Minton . I work at the victualling-office . The prisoner has worked there two years, I never heard him swear an oath; he is a regular constant man, and has a good character.

Thomas Frances . I am a butcher, and work at the victualling-office. I have known the prisoner twelve years; he has worked with me two years at the victualling-office, and he and I were fellow-apprentices. I never heard any thing bad of him.

John Hale . I have known him two years, he has a good character.

Guilty . Death .

174. (L.) WILLIAM HUDSON was indicted for being concerned with Smith, alias Thumper, in the burglary at Mr. Nesbit 's.

There was no evidence to bring the charge fully home to the prisoner but that of Bromley the accomplice, therefore he was acquitted .

William Tomkins . I am a dyer , and live at Christ Church, Spital-fields . The prisoner was charged with the things in the indictment, and she acknowledged she had pawned them. She was my servant four months; we had a pretty good character with her. She frankly acknowledged she had pawned them, where she pawned them, and what she had on them.

Q. Did you make any promise not to prosecute her?

Tomkins. No, I did not; I charged the officer with her, and she was committed.

John Macaby , the pawnbroker, produced the things mentioned in the indictment.

Matthias Timmath . I am servant to Mr. Reynolds, an oil-man , in Upper Thames-street. We had information respecting these anchovies, and we went and searched the prisoner's room on the 9th of December, and we found two barrels of anchovies under his bed. There was my master's mark upon them. I know nothing of the indigo.

Q. Was he the only person that lodged in that room?

Timmath. Yes, there was only him and his wife; he lodged on Lambeth-hill, which is near my master's.

Philip Vaughan , another servant of Mr. Reynolds, deposed that he found the prisoner in the coal-cellar, and suspecting him, he searched him, found some indigo upon him, and some more concealed in the coal-cellar; that after some time the prisoner voluntarily confessed having stole it; that upon this they searched his lodging, and found two barrels of anchavies under his bed.

Prisoner's defence.

The anchovies did not belong to Mr. Reynolds; I had not been in the coal-cellar that day.

He called Edward Williams , who had known him six years; John Jones , six years; and David Humphreys , some time; who all gave him a good character.

178. (M.) WILLIAM BARKER was indicted for publishing as true, a certain false, forged, counterfeit order for the payment of money, directed to Messrs. Hankey and co. subscribed with the name of Robert Wennest , for the payment of 15 l. 15 s. well knowing the same to be false, forged and counterfeited, with intention to defraud , Nov. 26 . ++.

Acquitted .

179, 180. (M.) EDWARD COLLIER and SAMUEL SKINNER were indicted, for that they on the king's highway, on Daniel Waterland did make an assault, putting him in corporal fear and danger of his life, and stealing from his person thirty halfpence, and 6 s. 6 d. in money numbered , the property of the said Daniel, Dec. 19 . ||.

It appeared on the evidence that there was not the least foundation for the charge against the prisoners; they were accordingly acquitted , and the court granted them a copy of their indictment.

181. (M.) FRANCIS TALBOT was indicted for breaking and entering the dwelling-house of William Hillier , on Dec. 13th , about the hour of one in the night, and stealing a cramp bolt value 6 d. the property of William Hillier , in his dwelling-house . ++.

The prisoner was taken in the fact, but the constable who apprehended him being a Quaker, and refusing to take an oath, he was acquitted .

It appeared upon the evidence, that there was not the least foundation for the prosecution. The prisoner was honourably acquitted , and the court granted him a copy of his indictment.

184. (L.) JOSEPH SLOPER was indicted, for that he being a person employed in the business relating to the post-office , to wit, in stamping letters, feloniously did secrete one letter, with the name J. Price thereunto subscribed, bearing date 26 October, 1771, and directed to Mrs. Kesiah Price , at Hay, Breconshire, which said letter then came into his possession, containing a bank note, value 10 l. the said note being due and unsatisfied, against the statute .

The 2d count charges it the same, only that he is an officer in the post-office , and setting forth the bank not e in its words, figures and form, instead of the above description.

The 3d count charges it the same as the first, only, instead of in stamping certain letters, in facing certain letters and pacquets.

The 4th count charges it the same as the second, only, instead of an officer in stamping certain letters, a person in facing certain letters and pacquets.

The 5th count is for feloniously stealing and taking out of the general post-office, a certain letter, described as above, not mentioning the bank note, against the statute. ||.

Henry Walton , a clerk in the secretary's office at the post-office, produced a book, containing the appointment of the prisoner to be an established porter; the order is dated Dec. 11, 1751.

Mr. Samuel Potts . I am comptroller of the post-office. The prisoner has been employed at the post-office for a great number of years. as a porter, stamper, and facer of letters. (A letter addressed to Mr. Price, produced by Dupree.)

Mr. William Rowe. I am inspector of franks at the general post-office. While I was employed in the post-office, on the 16th of December, Sloper the prisoner was stamping the letters; he was about a yard and a half from me. I saw him, as he was stamping the letters, take a letter and convey it under his coat. I informed Mr. Potts the comptroller of it immediately. Upon being charged with it, and brought into the comptroller's office, he unbuttoned his breeches, and the letter was taken from under his shirt. He was afterwards taken before Sir John Fielding by the messengers of the post-office; and I went there with the comptroller and the sollicitor.

Q. Suppose letters are directed from Higworth in Wiltshire for Bromley in Kent, do they pass through the general post-office?

Rowe. Yes.

John Good . On the 16th of December last I was desired by the comptroller to take care of the prisoner, who was then in the inland office. I took him to the Bull in Sherborn-lane; I staid there with him about an hour and an half; then I took him back to the comptroller's office. After he came from the secretary's office, going again to return to the Bull, he went to his own drawer, which is in the passage. He unlocked it and took out a bag, which he put up in a blue and white handkerchief. I asked him what he was going to do with it; he said, he was going to give it to Mrs. Whitefield at the Bull. I thought it proper to inform my partner Dupree of this circumstance. I desired him to inform the comptroller of it. He came to me some time after at the Bull, and desired me to take care that Sloper did not make away with it. In the mean time the prisoner delivered it to the girl of the house, and she gave it to her mistress. Dupree came again and demanded the bag, which I saw the servant deliver to the prisoner, and the prisoner gave it to Dupree.

Q. What sort of a bag was it?

Good. A leather bag about a foot long; that bag looks like it; it was of that sort.

Q. How long had you been in at the Bull before you sent to Dupree?

Good. About an hour and an half.

Q. Did he offer to give the bag to the mistress of the house or the girl, before you sent for Dupree?

Good. No, not till afterwards.

Q. What is your business as a porter?

Good. To stamp and face up letters, and sometimes to go with expresses. (A bag shown him.) This is the bag; these are what we call receiving-bags; this bag is marked Chard.

Frances Jackson . I am servant at the Bull. Sloper and Good came to our house on the 16th of December. Sloper called me into the back-room 2nd gave me the bag; Good was with him; it was in a blue and white handkerchief. He bid me give it my mistress to take care of, which I did, and she put it in the bar; the bundle was never opened.

Mrs. Whitefield. I keep the Bull. Good and Sloper came to my house; Sloper called the girl and gave her the bundle, and bid her give it me.

Q. Was you in the same room they were?

Whitefield. I was going backwards and forwards.

Q. What size was the bundle?

Whitefield. It was a blue and white handkerchief; it might weigh about a couple of pounds. About an hour afterwards Sloper called for it again; it was delivered to him in my presence.

John Dupree . I am a porter at the post-office. Good, who had Sloper in custody, sent for me to the Bull; the person that was to have told me, did not tell me for half an hour.

Good. He told me Sloper had a bundle, and he thought it proper to acquaint the comptroller. I did; the comptroller ordered me to bring it to him. I went for it, and Sloper gave it me out of the bar. I took it to the comptroller, and I opened it in his presence. This is the bag; here is Flexney upon it; that is the receiving house. There were two bags in the handkerchief. I opened both; they contained 124 letters. These are the letters. This is the letter mentioned in the indictment, (picking out one.) I put my name upon it; they were all paid letters. (Opens the letter.) This is the letter and the bank note. Mr. Parkins the solicitor took out this bank note, and I signed my name on the back of it. I have had the bag in my drawer ever since; they were all locked up in my care, till Mr. Parkins opened them and marked them.

Q. Were the two bags separate, or one within the other?

Good. Separate.

Court. Mr. Potts, please to give an account of the methods you took in this business.

Mr. Potts. When Dupree brought this bundle of letters, when he came to turn them out, they were observed to be all paid letters from different receiving houses in London. I took them down to the secretary, and they were ordered to rest in Dupree's hands, that there might be proof against Sloper if any thing should arise. They have remained in his hands ever since; I only examined them to see that they were paid letters. I gave them again to Dupree, and the seals were not broke at all.

Q. From how many receiving houses did the letters in the bags come?

Potts. I can't say I took that notice.

Q. Are all the letters here?

Potts. No, there were some foreign letters; they were sent off.

Court. Look over the letters, and see whether they all come from one receiving house, or several.

Potts. They come from five different houses, Partington's, Flexney, Jones, Creamer, and Gibson. The prisoner was employed to bring letters from those receiving houses. Here are 13 that have escaped the stamp of the receiver's name, I suppose through the hurry of stamping. Each receiver has a seal with the initials of his name, and he tyes the letters up in a bag, and seals it with his name; the bags are brought to me or the deputy before the seal is broke, to see that they are right.

Court. Do they never receive letters in their passage to the post-office?

Potts. No.

Q. At what time, in what department of his office must these letters have been taken?

Potts. The prisoner is appointed to bring up the bye-bags, and is on duty three times a week; the other three days he fetches the bags. The days he is on duty at the post-office, he employs another man to bring them up, who is likewise provided by the post-office; he must have got possession of the letters in facing them. The bags, as I said before, are first brought to me, to shew they have never been opened since they came from the receiving house; then they are carried to the junior officer to open them.

Q. May they not carry them first to the junior officer?

Potts. They should not do it; if they did, I should soon know such a bag had not been up to me.

John Price . I live with Messrs. Berry and Barker, in Leather-lane. I delivered this letter on October 26th, to Mr. Partington himself, at his receiving house on Holborn-hill, in order to be forwarded by the post. I paid the postage, having inclosed in it a bank note of 10 l. I wrote 8 d. upon it myself. This is the bank note that I inclosed in it; it corresponds with the mark I had made. The letter is my own hand-writing.

Richard Partington . I keep a receiving house on Holborn-hill. The letters that were brought to my house on the 26th of October, were delivered with the money in the bag; they always are delivered at night. I remember very well, I took in this letter, and took 8 d. postage for it, it being represented as a double letter. I put it into the bag with the rest of the letters, and the money with them. I gave the bag to the prisoner or his deputy, I can't say to which I gave it. I marked it 8 d. I have a tool in my pocket with which I mark the money paid for letters; and I have another tool with which I stamp my name. (The stamp for 8 d. and the name are applied to the stamps on the letter, and correspond exactly.) We have two bags. We put the paid letters into a bag, and then that bag into a larger bag with the rest of the letters.

Q. Do you do that yourself?

Partington. I do most nights. I remember I did the night that this letter was delivered. I remember receiving that letter particularly.

Q. to Mrs. Price. Did you ever receive this letter in the course of the post? (shewing her the letter mentioned in the indictment.)

Mrs. Price. No, I never saw it before in my life.

Q. Did you receive any letter of that date from your husband?

Price. No.

Joseph Strugnel . I have been employed in fetching the prisoner's bags from Mr. Partington's, Mr. Creamer, Mr. Flexney, Mr. Gibson, and Mr. Jones; and I brought the bags on the 26th of October, that was the night when he was on the grand duty, on Tuesday, Thursday and Saturday. I receive the letters for a fortnight, then he receives them for a fortnight. I carried the bags into the room and shewed the comptroller the seals; then I brought them out to the long table in the post-office, and turned them out upon the table; the prisoner was on duty there that night, either stamping or facing.

Q. to Mr. Potts. Is there any post-office stamp upon that letter?

Potts. No; if it had come to the proper officer, he would have stamped post-paid upon it, and the day of the month on the reverse side.

Court. Were these 124 letters of different stamps, or the same day most of them?

Potts. They are not opened.

Q. Had they received any stamps?

Potts. None of the 124 had, only the receiver's stamps.

Court. You must break open a letter.

Potts. This is dated the 31st of October. The prisoner, instead of handing the paid bag over to the proper officer, must have every time put it in his pocket.

Q. Would not that have been liable to detection?

Potts. He ran to be sure a great hazard; there are twenty or thirty officers in the room.

Q. to Mr. Partington. How many paid letters had you on the 26th of October?

Partington. We keep no account; we put the money in a bit of paper, and put it in a bag with the letters.

Q. Then the money would be found if the letter was missing?

Partington. Yes.

Mr. Potts. They are laid on the table for the stamper; then the next person to him faces the directions all one way; when they are stamped they are faced up into rows, and the sorter sorts them into the several divisions.

Mr. Peter Vitu . I am a principal of the office called the Bank-note office, at the Bank. Mr. Larkin is one of the cashiers appointed by the governor and company to sign bank notes which they issue out.

Q. Do you believe the name of Larkin to that bank note to be his writing?

Vitu. Yes.

Q. It is counter-signed by yourself?

Vitu. Yes.

Q. Then this is to all intents and purposes a bank note?

Vitu. Yes, undoubtedly. (The date and signature of the letter read.)

Prisoner's Defence.

I leave my defence to my council. I never opened the letter, nor concealed the bag.

The council in behalf of the prisoner, arged some doubts whether his offence came within the meaning of the statute, as he had not made any use of the bank note, nor opened the letter; it rather appearing that his view was meerly to defraud the post-office of the money paid for the postage of the letters.

The prisoner called a number of persons, who gave him a good character; several said, that they believed he was at certain times not perfectly in his senses. The officers at the post-office said, that they never observed any thing of insanity in him; that he was always capable of his business, but was apt to drink too much.

The jury found their verdict special, thereby referring it to the consideration of the twelve judges .

He was a second time indicted for stealing a letter containing two half guineas .

The letter in question was the same that Mr. Rowe, inspector of the franks, saw him secrete, as mentioned in the last trial, of which he informed Mr. Potts the comptroller. The prisoner was searched, and the letter, containing two half guineas, was found in his breeches.

The prisoner in his defence said, that the letter slipt into his waistcoat, where the buttons were off, and so fell down into the waistband of his breeches.

James Preston . I am a raker . I lost three iron hoops out of my yard, in Tottenham-court-road , on the 20th of December. The prisoner applied to me for work. I told him I had hands enough, but as he was out of work I would employ him, which I did. While I was at dinner my daughter came in and told me that a man was gone out of the yard with some iron hoops; I overtook him with the hoops upon him. I asked him what he was going to do with them; he said that as he had stole them he was going to sell them.

Prisoner's Defence.

I wanted to line a hodd, as I was to go to work the next day as a bricklayer's labourer , and I wanted a piece of old iron.

Timothy Mahoney . I am a cooper . Last Thursday was fortnight I came to the Royal-Exchange to see for a captain of a ship, with whom I had some business. At about twelve o'clock the blind-eyed fellow picked me up, and called me by my name, talked about my relations, and asked me how they did. He asked me to go with him to take part of a pint of beer. I went with him to a house, one Williams's. Then I went to the Change. He said I must stay till two o'clock; he said I had time enough. I went with him to the Cock alehouse in Sherborn-lane; he called for a pint of beer. He said there was a captain of a ship used that house that had some butts to repair, and being a good hand, he would speak to him that I should have them. Soon after came in a young man with gold-trimmed cloaths, and a gold laced hat, with a young gentleman with him in genteel apparel. They went up stairs. This blind-eyed fellow said, that was the captain; and said he would go up to him, and speak to him. I said, I was much obliged to him. He went up after him; and in a short time after came down stairs, and said he had done it for me, and he bid me come up. I went up; there was he and this gentleman standing by a window, and this Edwards and Morgan there, and four more men. The captain said, how do you do, cooper? I made answer, I was very well.

Q. Which was the captain, either of the prisoners?

Mahoney. No; this man with gold-laced cloaths. He asked me, whether I would go on board to-morrow to repair his butts. I said, I would if he would pay me what he would pay any other man. He said he would. I said, the current price was ten-pence per butt for repairing them. He said I must go with him for five years. I said I had served seven years before, and would not bind myself to any man. He went down stairs, and wished me Good-bye, and the man that was with him. I wish you well, gentlemen, said I. I took my hat, and was going down after them. A man that was with these, came to the door, and said to me, hark ye, d - n ye, I will tell you what you will do. That was not one of these. I went up. There was a man behind the door; he put to the door, and put the key in his pocket. The prisoner was in the room at this time, and three more men, whom I do not know. Then this Morgan came up to me, and patted me on the shoulder, and said, I had been a deserter. I begged him to let me out. Then they all began to swear, and pull me about, and swore I was a deserter. I went, and said I would pull open the door, if they would not permit it to be opened. They beat me to that degree, I was hardly able to stir; and sat down very contented. Up comes a woman and a child; she pats at the door, and the door was opened, and in they both came; and the child came up, as I was sitting in the window, to me, and called me Dadda! The woman clapped her hands, and said, O you villain ! I have been hunting after you these three years! what a good father you are to my child ! - hitting me.

Court. What age might this child be, that was so well taught?

Mahoney. I took him to be between three and four years old. I watched my opportunity, and in a short time I lifted up the sash, and threw myself head-foremost out of the window. I was out all but my feet, when they hauled me in again, and they every one beat me very several, except the man that was the turnkey at the door; he had no hand in beating me; and they tore my cloaths; one got out his hand, and tore it with hauling me in again. This was between two and three o'clock in the afternoon. They beat me cruelly. I cried out, and the blind-eyed fellow clapped his thumb under my jaw, and swore all the oaths he could, that he would cut my tongue out, and make me stutter ten times worse if I cried out. * Edwards went out, and returned in a short time with a pair of handcuffs, and brought a coach to the door. He said he would iron me. I said I would not be ironed. I asked where they were going to send me. They said they would tell me by and by. I asked for pen, ink, and paper, to send to a friend. Edwards went down for pen and ink and paper. I wrote a note to a friend, and gave it to Morgan. Morgan said, you son of a whore, there are not compliments enough, and tore it to pieces. The blind-eyed fellow hit me with the right hand, and I staggered. Martin came to me, and pulled my feet from under me, and I fell on the flat of my back on the floor, and the blind-eyed fellow kneeled on the pit of my stomach, and Edwards came on the other side of me with the handcuffs. I resisted as long as I was able to stir: At last I was obliged to comply, and give them my hands. They handcuffed me. The irons were too small, and hurt me very much. This blind-eyed fellow put his hand into my right-hand breeches pocket, and took out nine-pence halfpenny in copper. He held the money in his hand, and Edwards asked him, what prey? He said, he is a poor dog. Then he put the money into his coat-pocket. I endeavoured to turn round to get up, and he came to me, and took a silk handkerchief out of my right-hand coat-pocket, and put it into his own pocket. When I got up, he took this clasp-knife (producing it) out of my left coat-pocket. Morgan and Edwards kept me down. Then they brought me down stairs to put me into the coach, and they told me, that if I attempted to cry out, they would cut my tongue out. Two went before me, and two behind me, with bludgeons in their hands. As I came out, the man of the house was coming up stairs. I had not seen him before. The blind-eyed fellow said, here is all I have, and gave him my knife. The man of the house said, I will take care of it for him till he comes home. I went down. As I was getting into the coach, I saw one Mr. Jenkins, a sail-maker, coming by, and three or four gentlemen more. I jumped out at the other side of the coach. They followed me, and beat me with their bludgeons. The gentlemen asked what was the matter: They said I was a highwayman and a deserter. Mr. Jenkins said, if I was the devil, I ought not to be served so. Mr. Jenkins took hold of me, and said he would carry me before my Lord-mayor, that I might have justice done me. I was carried from thence to the Poultry-compter, where I remained till twelve o'clock next day; then we were carried to Guildhall. My young master, Mr. Okely, came there. I have worked for him six months. I have not been ten months in England. The gentlemen appeared that saw me jump out of the window, and two or three more that saw me used ill, and I was discharged. I went to the public-house where I had been used thus, and asked the man of the house for my knife. He went to the bar, and gave it me.

* The witness has an impediment in his speech.

Q. from Edwards. Was I in the room when you attempted to jump out at the window?

Mahoney. Yes, you was; and you hauled me in, and paid me very well afterwards.

Morgan. He has spoke very right in every thing but one: He says the door was locked upon him; there is no lock on the door.

Thomas Evans . I am a peruke-maker, and live opposite this alehouse. I saw the prosecutor attempt to get out at the window; he cried out for help, and murder, and such like. They pulled him in again, and the window was shut down. I heard the same cry again in about an hour, but more violent. We ran out, and saw the man in custody with three or four men with bludgeons. They beat him very much. Mr. Jenkins came by, and insisted upon going before my Lord-mayor. There are frequent noises in that house.

Q. from Edwards. Whether he did not hang by the spokes of the wheel, attempting to get away.

Court. He had very sufficient reason so to do.

Joseph Bond , a whitesmith in the neighbourhood, confirmed the last witness.

Morgan's Defence.

This man brought the prosecutor to the house to meet one Captain Howard. I looked upon it he was to go servant to America. The captain talked to him about four or five years; I am not positive what. He was going down stairs. I had him called back. I said, did you never belong to the Chatham division of marines? Before I had spoke the words, he threw up the sash, and attempted to get out at the window. He is just like a man I had the description of, that was a deserter. He was very resolute; we were obliged to handcuff him. I know not of any felony.

Edward's Defence.

I took him as a deserter. I have an order for recruiting for the 34th regiment of foot. I was not in the room half an hour. I knew nothing of the felony.

Falmy's Defence.

I was not in the room.

Edwards. One of the jury has known me a great many years, and can speak to my character.

Juryman. I have known you to be a vile, wicked fellow, I believe.

All three guilty . T .

189. (M.) ELIZABETH EYRE was indicted for making an assault upon John Coney , in a certain open place near the King's highway, and stealing from his person an iron tobacco-box, value 1 d. one foreign piece of silver coin, value 6 d. a thirteen shillings and six-pence piece, and six shillings and six-pence in money, numbered , the property of the said John. ++

Acquitted .

190. (L.) JAMES IVORY was indicted for wilful and corrupt perjury , August 23 . ++